The Appellants (several physicians and physician groups in Ontario) were unsuccessful in appealing a decision of the Divisional Court. The Appellants had applied to the Divisional Court to challenge the constitutionality of policies enacted by the Respondent, College of Physicians and Surgeons of Ontario, which required physicians to provide an “effective referral” when they had a religious objection to providing a medical service (e.g. abortion, medical assistance in dying, etc.).

16. July 2019 0
Administrative law – Charter of Rights and Freedoms – Freedom of Religion – Human rights complaints – Discrimination – Judicial review – Appeals – Physicians and surgeons – Statutory provisions – Public interest Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, [2019] O.J. No. 2515, 2019 ONCA 393, Ontario Court ...

This case involves a detailed consideration of section 7(2) of the Worker’s Compensation Act, which creates a rebuttable presumption whereby an accident occurring in the course of employment is deemed to also “arise out of that same employment” in the absence of evidence to the contrary. The purpose of the section is to attenuate the difficulty in proving that an injury in fact arises out of and in the course of one’s employment. The Commission argued the Tribunal erred in its interpretation and application of this provision. The court ultimately disagreed and engaged in a fairly detailed consideration of the provision.

16. November 2018 0
Administrative law – Decisions reviewed – Workers Compensation Board – Judicial review – Legislative compliance – Appeals – Standard of review – Correctness – Reasonableness – Worker’s compensation – Statutory provisions – In and out of the course of employment New Brunswick (Workplace Health, Safety and Compensation Commission) v. St-Onge, [2018] N.B.J. No. 198, 2018 ...

Court found the applicant failed to exercise all available remedies available to him under the legislative scheme and dismissed the judicial review accordingly

17. April 2018 0
Administrative law – Decisions of administrative tribunals – Conflict of interest – Judicial intervention – Remedies – Alternative remedies – Statutory provisions Obouhov v. Lunn, [2018] O.J. No. 630, 2018 ONSC 772, Ontario Superior Court of Justice, February 6, 2018, H.J. Wilton-Siegel, F.L. Myers and R. Charney JJ. This case considers the issue of prematurity ...

The College’s policies that require physicians to provide an effective referral in cases where the physician is unwilling to provide elements of care on religious grounds are an infringement on some physicians’ religious freedoms, but the infringements are justified because the objectives of the policies are of sufficient importance

20. March 2018 0
Administrative law – Charter of Rights and Freedoms – Freedom of Religion – Human rights complaints – Judicial review – Standard of review – Correctness – Physicians and surgeons – Statutory provisions – Public interest The Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, [2018] O.J. No. 505, ...

Workplace Safety and Insurance Appeal Tribunals’ interpretation of review and recalculation provision imposing a cap on supplement due is reasonable

17. January 2017 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Statutory provisions – Judicial review – Compliance with legislation – Standard of review – Reasonableness Martin v. Ontario (Workplace Safety and Insurance Appeals Tribunal), [2016] O.J. No. 6159, 2016 ONSC 7364, Ontario Superior Court of Justice – Divisional ...

The Appellant employer was successful in seeking an appeal relating to a decision by Workers’ Compensation Appeals Tribunal (the”WCAT”) awarding the Respondent an increased permanent impairment benefit (the “PMI”)

22. July 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Policies – Workers compensation – Occupational disease — Benefits – Statutory provisions – Judicial review – Evidence – Compliance with legislation Enterprise Cape Breton Corp. v. Anderson, [2014] N.S.J. No. 286, 2014 NSCA 59, Nova Scotia Court of Appeal, June 10, 2014, M. ...

The Divisional Court of Ontario permitted an application for judicial review by a student who had been expelled by the headmaster of a private school for smoking marijuana. The Court of Appeal held that such a decision was not within the jurisdiction of the court to review for two reasons: one, the nexus between the school’s enabling Act and the expulsion decision was not specific enough to make the decision an exercise of statutory power; and two, even if there was a nexus, the decision could not be reviewed by public law or subject to a public law remedy because the decision maker was a private school created by private statute, and its disciplinary decisions are regulated by contracts between the school and the students’ parents.

28. January 2014 0
Administrative law – Decisions of administrative tribunals – School boards – Powers and duties – Statutory provisions – Schools – Students – Code of conduct – Expulsion of students – Judicial review – Jurisdiction – Compliance with legislation Setia v. Appleby College, [2013] O.J. No. 5736, 2013 ONCA 753, Ontario Court of Appeal, December 13, ...

Failure to engage in recommended rehabilitation activities can lead to a suspension of a worker’s compensation benefits

25. June 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Statutory provisions – Suspension of benefits – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Williams v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2013] N.B.J. No. 133, 2013 NBCA 32, New Brunswick Court ...

The appellants appealed from a judicial review decision that upheld a tribunal finding that because a worker’s claim was not compensable under the legislation, the claim did not arise out of and in the course of employment. The Court of Appeal allowed the appeal, finding that the tribunal’s interpretation imposed a construction that was contrary to the legislative intent and at odds with the factual realities of the situation. The court substituted its own determination on the substance of the claim.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – In and out of the course of employment – Statutory provisions – Psychological injury – Stress claims – Validity and application of policies and guidelines – Judicial review – Compliance with legislation – Legislative intent – Standard of ...

A party to a settlement (Mr. D’Ettorre) applied for judicial review of a decision made by a “delegate” from the Financial Services Commission of Ontario. The Delegate held that an assignment of Statutory Accident Benefits was not valid. The Respondent, Coachman Insurance Company, succeeded in having the application for review dismissed.

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Financial Services Commission – Arbitration and award – Judicial review – Compliance with legislation – Statutory provisions – Interpretation – Remedies –  Damages – Assignment – Validity – Settlements – Trial – Definition D’Ettorre v. Coachman Insurance Co., [2012] O.J. No. 4443, 2012 ONSC 3613, Ontario Superior ...