City failed to balance the severity of the interference with Charter values against a policy on acceptable advertising when it relied on a national regulatory body to remove advertisements

15. March 2022 0
Administrative law – Decisions reviewed – City – Judicial review – Standard of review – Reasonableness – Municipal – Advertising policy – Human rights complaints – Charter Guelph and Area Right to Life v. Guelph (City), [2022] O.J. No. 363, 2022 ONSC 43, Ontario Superior Court of Justice, January 26, 2022, M.L. Edwards R.S.J., M.K. ...

Court upholds decision of the Human Rights Commissioner that concluded there was insufficient evidentiary basis to move the complaint to a tribunal hearing

15. March 2022 0
Administrative law – Decisions reviewed – Human Rights Commission – Judicial review – Standard of review – Reasonableness – Human rights complaints – Discrimination – Race – Evidence Wint v. Alberta (Human Rights Commission), [2022] A.J. No. 137, 2022 ABQB 87, Alberta Court of Queen’s Bench, January 31, 2022, D.R. Mah J. The applicant applied ...

Public Sector Integrity Commissioner of Canada’s decision to refuse investigation into Canadian embassy involvement in foreign mining operations and criminal activity reasonable

15. March 2022 0
Administrative law – Decisions reviewed – Public Sector Integrity Commissioner – Investigations – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness Gordillo v. Canada (Attorney General), [2022] F.C.J. No. 137, 2022 FCA 23, Federal Court of Appeal, February 9, 2022, W.W. Webb, J.B. Laskin and M. Rivoalen JJ.A. ...

No harm, no foul. Where a breach of procedural fairness has been established, the Court will not find there was a reviewable error unless the breach affected the outcome

22. February 2022 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Judicial review – Investigations – Procedural requirements and fairness – Standard of review – Reasonableness – Abuse of process – Physicians and surgeons – Competence – Records – Training requirements Al-Kazely v. College of Physicians and Surgeons of Ontario, [2022] O.J. No. 32, ...

The case of the missing dollar: Arbitrator’s decision found procedurally unfair after reversing burden of proof

22. February 2022 0
Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Evidence – Burden of proof – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Landlord and tenant – Residential Tenancy Agreements – Eviction LaBrie v. Liu, [2021] B.C.J. No. 2751, 2021 BCSC 2486, British Columbia Supreme Court, December ...

Jurisdiction and process do matter; police sergeant wins case against the Police Complaint Commissioner

25. January 2022 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Reasonableness – Remedies – Certiorari – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming Sandhu v. British Columbia (Police Complaint Commissioner), [2021] B.C.J. No. 2688, 2021 BCSC 2424, British Columbia ...

Federal Court of Appeal upholds decision that the Minister of Health did not deny the appellant procedural fairness in refusing a natural health product license

21. December 2021 0
Administrative law – Decisions reviewed – Minister of Health – Permits and licences – Judicial review – Appeals – Procedural requirements and fairness – Standard of review – Reasonableness Canada RNA Biochemical Inc. v. Canada (Minister of Health), [2021] F.C.J. No. 1826, 2021 FCA 213, Federal Court of Appeal, November 2, 2021, D.J. Rennie, J.B. ...

BCSC upholds decision of the information and privacy commissioner denying assertions of privileges over certain documents

21. December 2021 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Disclosure of records – Freedom of information and protection of privacy – Judicial review – Standard of review – Correctness – Solicitor-client privilege – Litigation privilege – definition Sechelt (District) v. British Columbia (Information and Privacy Commissioner), [2021] B.C.J. No. 2363, 2021 BCSC 2143, ...

Petitioners successfully sought judicial review of a decision made by the Agricultural Land Commission, which had refused a subdivision request

19. October 2021 0
Administrative law – Decisions reviewed – Agricultural Land Commission – Judicial review – Standard of review – Reasonableness – Municipalities – Planning and zoning – Agricultural Land Reserve Bajich Estate v Provincial Agricultural Land Commission, [2021] B.C.J. No. 1938, 2021 BCSC 1755, British Columbia Supreme Court, September 3, 2021, W.A. Baker J. In October 2019, ...