By enrolling in a university, students become subject to the institution’s discretion in resolving academic matters. Courts will only interfere in the core academic functions of universities in cases of “manifest unfairness”. Based on these principles, the Court denied an application on judicial review to set aside a decision of the Senate Appeals Committee of the University of Alberta, which upheld the Residency Program Committee’s requirement that a postgraduate medical student in cardiac surgery enter a six-month remediation period prior to entering her fourth year of residency. Given that the resident’s right to continue her profession and employment was not at stake, she had no right to call or cross-examine witnesses in the academic proceedings.

26. June 2012 0
Administrative law – Decisions of administrative tribunals – University Committees – Universities – Medical residents – Evaluation of residents – Physicians and Surgeons – Training requirements – Judicial review – Procedural requirements and fairness – Bias – Witnesses Alsaigh v. University of Ottawa, [2012] O.J. No. 2027, 2012 ONSC 2313, Ontario Superior Court of Justice, ...

In considering an application for registration and assessing whether an applicant met substantially equivalent registration requirements, the accreditation committee of the Ontario College of Teachers was required to provide substantive and tenable reasons for its decision

26. June 2012 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Permits and licences – Training requirements – Judicial review – Failure to provide reasons Saba v. Ontario College of Teachers, [2012] O.J. No. 1958, 2012 ONSC 1734, Ontario Superior Court of Justice, April 16, 2012, K.E. Swinton, P.C. Hennessy and A.H. ...

The Alberta Association of Architects (the “Association”)’s attempt to permanently enjoin Mr. Zul Boga (“Boga”) from practising architecture in future was found to be premature

27. September 2011 0
Administrative law – Decisions of administrative tribunals – Association of Architects – Architects – Disciplinary proceedings – Public interest – Competence – Training requirements – Remedies – Self-governing professions – Injunctions – Judicial review – Compliance with legislation Alberta Assn. of Architects v. Boga, [2011] A.J. No. 869, 2011 ABQB 482, Alberta Court of Queen’s ...

The Applicant, Ms. Fawcett, unsuccessfully brought an application for judicial review of a decision made by the Respondent, Canadian Chiropractic Examining Board, which refused to permit her to write an examination on June 12, 2010 as she did not apply for the exam or pay the required fee by the applicable deadline

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Canadian Chiropractic Examining Board – Chiropractors – Training requirements – Permits and licences – Examinations – Fees – Judicial review – Public body – definition – Discretion of delegated authority – Evidence – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Fawcett v. Canadian ...

The Court of Appeal denied Kalo’s application for an order that the Respondent Law Society immediately accept him, on a without prejudice basis, into its admissions program pending the outcome of his avenues of appeal wherein he was disputing the Law Society’s decision to reject him for admission

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Admission to profession – Training requirements – Competence – Judicial review – Appeals – Jurisdiction of court – Remedies – Injunctions – Availability Kalo v. Law Society of Manitoba, [2009] M.J. No. 342, Manitoba Court of Appeal, September 29, 2009, ...

An optometrist (“Zenner”) appealed a decision of the Prince Edward Island College of Optometrists (the “College”) refusing to issue a new licence to Zenner until certain terms and conditions had been met. The Supreme Court of Canada allowed the appeal in part, quashing the condition that Zenner must complete an ethics course as no optometric or medical ethics course was, at the relevant time, accredited or offered by the College.

28. February 2006 0
Administrative law – Decisions of administrative tribunals – College of Optometrists – Licence to practice – Training requirements – Judicial review – Standard of review – Reasonableness simpliciter Zenner v. Prince Edward Island College of Optometrists, [2005] S.C.J. No. 80, Supreme Court of Canada, December 16, 2005, McLachlin C.J. and Major, Bastarache, Binnie, LeBel, Deschamps, Fish, ...

This is an Application for a Judicial Review of a Direction issued by Ontario Civilian Commission on Police Services (the “Commission”) directing the Ottawa-Carleton Regional Police Services Board (the “Board”) to require Sheila Dunlop to complete the basic recruit training program at the Ontario Police College. On review, the court quashed the direction of the Commission on the basis that the Commission erred in law in finding that the “initial period of training” in the governing legislation mandated completion of the basic recruit training program.

23. April 2002 0
Administrative law – Judicial review application – Compliance with legislation – Standard of review – Correctness test – Police – Training requirements Ottawa-Carleton (Region) Police Services Board v. Ontario (Civilian Commission on Police Services), [2001] O.J. No. 5498, Ontario Superior Court of Justice, December 14, 2001, Zuber, Matlow and Cusinato JJ. Sheila Dunlop was a member ...