Court dismisses appeal of physician seeking to overturn decision to not renew privileges

16. August 2022 0
Administrative law – Decisions reviewed – Health Professions Appeal and Review Board – Judicial review – Fresh evidence – Stay of proceedings – Procedural requirements and fairness – Standard of review – Correctness – Physicians and surgeons – Hospital privileges – Professional misconduct or conduct unbecoming Talwar v. Grand River Hospital, [2022] O.J. No. 2956, ...

Regulators be warned; if you take too long, your case could be dismissed

20. October 2020 0
Administrative law – Decisions reviewed – Law Societies – Abuse of process – Judicial review – Appeals – Procedural requirements and fairness – Compliance with legislation – Stay of proceedings – Delay – Standard of review – Correctness – Barristers and solicitors – Disciplinary proceedings – Professional misconduct Abrametz v. Law Society of Saskatchewan, [2020] ...

A strata sought a judicial stay of proceeding following a Civil Resolution Tribunal (“CRT”) decision to deny the strata’s request to be represented by counsel, and subsequent decision to deny the strata’s request for a stay of proceedings pending its application for judicial review regarding the decision to deny the strata’s request for counsel

Administrative law – Decisions reviewed – Civil Resolution Tribunal – Right to legal counsel – Judicial review – Stay of proceedings – Remedies – Interlocutory injunctions – Condominiums – Strata corporations Strata Plan NW 2575 v. Booth, [2018] BCJ No 811, 2018 BCSC 715, British Columbia Supreme Court, May 3, 2018, DeWitt-Van Oosten J. A ...

Tribunal of the Financial and Consumer Services Commission’s decision to grant stay of proceedings for reason of delay set aside

15. August 2017 0
Edmond deals with the issue of when, and under what circumstances, a delay in the administrative process will warrant an order granting a stay of proceedings. Administrative law – Decisions of administrative tribunals – Securities Commission – Jurisdiction – Judicial review – Stay of proceedings – Delay – Appeals – Standard of review New Brunswick (Financial and Consumer Services Commission) v. Edmond, [2017] N.B.J. ...

The Appellant was unsuccessful in appealing a Chambers Judge’s decision that quashed his complaint to the Saskatchewan Human Rights Commission

23. October 2015 0
The Appellant veterinary student (Mr. Hebron) was unsuccessful in appealing a Chambers Judge’s decision.  On application by the Respondent University of Saskatchewan and the Associate Dean (Dr. Grahn), the Chambers Judge had quashed Mr. Hebron’s complaint to the Saskatchewan Human Rights Commission. Administrative law – Correctness – Decisions of administrative tribunals – Disability – Discrimination ...

The Alberta Court of Appeal granted a veterinarian’s application for a stay of suspension from practice

Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and suspensions – Remedies – Injunctions – Judicial review – Stay of proceedings Irwin v. Alberta Veterinary Medical Assn., [2015] A.J. No. 553, 2015 ABCA 176, Alberta Court of Appeal, May 21, ...

Motion by Associate Chief Justice Douglas for stay of Canadian Judicial Council’s evidentiary decision pending judicial review

27. January 2015 0
Administrative law – Decisions of administrative tribunals – Canadian Judicial Council – Judges – Professional governance and discipline – Investigations – Public interest – Judicial review – Stay of proceedings – interlocutory – Disclosure of records – Evidence – admissibility Douglas v. Canada (Attorney General), [2014] F.C.J. No. 1149, 2014 FC 1115, Federal Court, November ...

Appeal by the Appellant National Money Mart Co. from a decision dismissing its motion for a stay of a proposed class action because the class of proposed borrowers had all signed agreements requiring them to mediate and/or arbitrate their disputes with the Appellant

22. July 2014 0
Administrative law – Criminal matters – Consumer protection – Class proceedings application – Arbitration agreements – Judicial review – Stay of proceedings – Jurisdiction of court – Compliance with legislation – Statutory interpretation Briones v. National Money Mart Co., [2014] M.J. No. 154, 2014 MBCA 57, Manitoba Court of Appeal, June 5, 2014, M.A. Monnin, ...

The Court issued an order quashing the appellants’ statutory appeals and applications for review of an Environmental Review Tribunal’s decision. The appellants had been ordered to assume the costs of remediation activities on property formerly owned by two companies which had insufficient funds to cover the cost of remediation. The appellants were all former directors or officers of one or both of the companies.

27. August 2013 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Environmental matters – Contaminated sites – remediation – Judicial review – Appeals – Jurisdiction of court – Stay of proceedings – Remedies – Interlocutory injunctions Baker v. Ontario (Director, Ministry of the Environments), [2013] O.J. No. 3145, 2013 ONSC 4142, Ontario Superior Court of ...

The Court of Appeal dismissed the Institute of Chartered Accountants appeal from an Appeal Tribunal’s decision ordering a stay of proceedings based on an abuse of process. The Appellant’s investigator had received information relevant to the complaint against the respondent from various sources, which was sent to an email address which the investigator’s wife had access to. On that basis the Appeal Tribunal concluded that the investigator had disclosed confidential information without the respondent’s consent contrary to the Regulated Accounting Profession Act.

Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Judicial review – Stay of proceedings – Abuse of process – Investigations – Disclosure of third party records – Jurisdiction Clark v. Alberta (Institute of Chartered Accountants, Complaints Inquiry Committee), [2012] A.J. No. 505, 2012 ABCA 152, ...