On judicial review, the court concluded that the standard of correctness applied to decisions of the Civil Resolution Tribunal. It held that “specialized expertise”, as used in the Civil Resolution Tribunal Act, was not tantamount to “exclusive jurisdiction”, as used in section 58 of the Administrative Tribunals Act. On this basis, although the court recognized ...
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Judicial review – Standard of review – Correctness – Professions – Physicians and surgeons – Billing matters – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties Hanson v. College of Physicians and Surgeons of Ontario, [2021] O.J. No. 336, 2021 ONSC ...
Administrative law – Decisions reviewed – Passenger Transportation Board – Judicial review – Standard of review – Patent unreasonableness – Permits and licences – Compliance with legislation Yellow Cab Co. v. Passenger Transportation Board, [2021] B.C.J. No. 89, 2021 BCSC 86, British Columbia Supreme Court, January 20, 2021, S. Wilkinson J. The petitioners consisted of ...
Administrative law – Decisions reviewed – Residential Tenancy office – Jurisdiction – Dispute resolution schemes – Judicial review – Privative clauses – Procedural requirements and fairness – Standard of review – Correctness – Patent unreasonableness – Landlord and tenant – Remedies – Injunctions McDonald v Creekside Campground and RV Park, [2020] B.C.J. No. 2182, 2002 ...
The application for judicial review was granted on the basis that the applicant was denied procedural fairness. The court remitted the matter for reconsideration by another decision-maker. Administrative law – Decisions reviewed – Attorney General – Judicial review – Procedural fairness – Standard of review – Procedural requirements and fairness – Barristers and solicitors – ...
Procedural fairness rights not breached due to applicant not having opportunity to cross-examine opposing expert when applicant did not make an express, specific application that the expert be called for cross-examination. Administrative law – Decisions reviewed – Insurance Appeal Committee – Judicial review – Procedural requirements and fairness – Natural justice – Evidence – Standard ...
Ontario Superior Court of Justice upholds horse racing appeal panel decision not to waive a violation of the rules of thoroughbred racing because the applicant had not administered a banned substance to his horse, the detection of which resulted in the rule violation. Administrative law – Decisions reviewed – Horse Racing – Judicial review application ...
Federal Court of Appeal upholds Federal Court decision dismissing an application for judicial review of an Order in Council terminating the appellant’s good behavior appointment as a Canadian Radio-television and Telecommunications Commissioner. Administrative law – Legislative Assembly – Judicial review application – Official appointments – Appeal – Fresh evidence, admissibility – Procedural requirements and fairness ...
Administrative law – Decisions reviewed – Registered Nurses Association – Judicial review – Appeals – Standard of review – Correctness – Reasonableness – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Off-duty conduct – Human rights – Charter – Freedom of expression Strom v. Saskatchewan Registered Nurses’ Association, [2020] S.J. No. 370, ...
Administrative law – Legislation – Legislative intent – Statutory interpretation – Judicial review – Appeals – Standard of review – Professions – Police officers Caron v. Grand Falls (Town), [2020] N.B.J. No. 212, 2020 NBCA 60, New Brunswick Court of Appeal, September 17, 2020, J.C.M. Richard C.J.N.B. and K.A. Quigg and B.L. Baird JJ.A. The ...
