Administrative law – Decisions reviewed – College of Physicians and Surgeons – Professions – Physicians and surgeons – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness Mohamed v. College of Physicians and Surgeons of Alberta, [2019] A.J. No. 1134, 2019 ABQB 657, Alberta Court of Queen’s ...
In 2014, the Appellant, the Minister of Environment, decided a ski resort project was not substantially started. A chambers judge held this decision was unreasonable, and the Minister appealed to the BC Court of Appeal. The Court of Appeal allowed the appeal. Administrative law – Decisions reviewed – Minister of Environment – Assessment – Legislative compliance ...
Where Charter values are engaged in an administrative decision, Charter values do not have to be perfectly balanced; however other avenues and options must be considered in order for the decision to be justifiable, transparent and intelligible. Administrative law – Decisions reviewed – Elections Officer – Charter of Rights and Freedoms – Discrimination – Judicial review – ...
Self-represented individuals engaged in an administrative process must be given a fair and meaningful opportunity to respond, meaning they must be given all the necessary information to enable a reasonable person to participate in the process. That standard is not subjective. Whether one did not in fact properly use such an opportunity because one failed ...
A litigant’s records with respect to total legal costs amid ongoing litigation are presumptively privileged and not disclosable under section 56 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996. The presumption is rebuttable upon the party requesting the information showing that an assiduous inquirer could not deduce, infer, or otherwise acquire ...
The court considered the scope of the authority of the BC Human Rights Tribunal to take into account the results of a separate workplace proceeding when deciding to dismiss a complaint under the Human Rights Code pursuant to section 27(1)(d)(ii). Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Appeals – Application ...
The court considered the nature of the conditions the Discipline Committee of the Ontario College of Pharmacists can impose when there has been a finding of professional misconduct. The court found the Discipline Committee had the authority to limit the ability of a pharmacist to act as a director of a corporation or hold other ...
The Court of Appeal upheld the Law Society Hearing Committee’s imposition of a six month suspension and $40,000 fine on the basis that the penalty was not unreasonable in light of the appellant’s history of 16 findings of misconduct in the preceding 20 years. Administrative law – Decisions reviewed – Law societies – Judicial review – ...
Superior Court overturns decision of the Health Professions Appeal and Review Board on the basis that the ICRC fundamentally erred in its review of the medical record. Administrative law – Decisions reviewed – Health Professions Appeal and Review Board – Judicial review – Standard of review – Reasonableness – Physicians and surgeons – Competence Montour v. Ontario ...
Administrative law – Judicial review – Appeals – Jurisdiction – Standard of review – Correctness Business Development Bank of Canada v. Astoria Organic Matters Ltd., [2019] O.J. No. 1742, 2019 ONCA 269, Ontario Court of Appeal, April 8, 2019, K.N. Feldman, D. Paciocco and B. Zarnett JJ.A. Astoria filed for bankruptcy under the Bankruptcy and ...
