The Nova Scotia Court of Appeal found the WCB’s decision that the injured worker’s medical marijuana did not qualify for medical aid under its policy was reasonable, and that the policy itself requiring qualifying medical aid treatment to be consistent with Canadian healthcare standards was intra vires and consistent with the Workers Compensation Act

15. May 2018 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Validity and application of policies and guidelines – Judicial review – Appeals – Compliance with legislation – Ultra vires Skinner v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2018] N.S.J. No. 74, 2018 NSCA 23, Nova Scotia Court of Appeal, March 9, 2018, D.R. ...

The Charter and Nova Scotia Human Rights Act do not apply to Trinity Western University, a private university operating in British Columbia.

27. September 2016 0
An application for judicial review of the Barristers’ Society’s decisions to (1) conditionally approve law school graduates from Trinity Western University (TWU) for articles, so long as TWU changed its Covenant or exempted law students from it, and (2) deny graduates articles in Nova Scotia if their law degrees came from a university that discriminated ...

The Director of Adoption has no statutory authority outside British Columbia to control the process of adoption

21. June 2016 0
Judicial review of decision by the British Columbia Director of Adoption to place a child for adoption with prospective adoptive parents who were residents of Alberta. Administrative law – Compliance with legislation – Decisions of administrative tribunals – Declaratory relief – Director of Adoption – Judicial Review – Legislation – Reasonableness simpliciter – Remedies – ...

Application for judicial review of a decision of the General Manager of the Ontario Health Insurance Plan to refuse full payment of funds claimed by a physician for services rendered to patients under the provincial health care plan

Administrative law – Decisions of administrative tribunals – Government – Health Insurance Plan – Late-filed claims – Physicians and surgeons – Billing matters – Judicial review – Procedural requirements and fairness – Compliance with legislation – Ultra vires – Delay – Failure to provide reasons Perlmutter v. Ontario (Ministry of Health and Long-Term Care), [2016] ...

Alberta court applied the correctness standard of review to the implementation of inducement prohibitions by the College of Pharmacists

The Applicant, Sobeys West Inc., sought judicial review of new regulations adopted by the Respondent, the Alberta College of Pharmacists. The Court decided the standard of review was correctness even though the parties agreed the standard of review was reasonableness. Administrative law – College of Pharmacists – Correctness – Decisions of administrative tribunals – Judicial ...

BC Supreme Court found Benchers improperly delegated their authority to the Law Society members the refusal to approve Trinity Western’s faculty of law program

25. January 2016 0
The Petitioners, a student and a University, successfully sought judicial review of a decision made by the Respondent (Law Society of British Columbia) to refuse approval for the University’s faculty of law program. Administrative law – Admission to profession – Approval process – Barristers and solicitors – Charter of Rights and Freedoms – Correctness – Decisions ...

Application for declaration that mandatory revocation provisions under the Health Professions Procedural Code are unconstitutional as being ultra vires the province

27. January 2015 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Disciplinary proceedings – Professional misconduct – Sexual relations with patients – Penalties and suspensions – Judicial review – Compliance with legislation – Jurisdiction of court – Legislation – Constitutional issues – Ultra vires Hanif v. Ontario, [2014] O.J. No. 5549, 2014 ...

The Applicants (individual practitioners and their Association) were unsuccessful in challenging the Respondent Council’s registration regulation relating to the practice of Traditional Chinese Medicine

Administrative law – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Governance – Self-governing professions – Charter of Rights and Freedoms – Judicial review – Compliance with legislation – Legislation – Ultra vires Yuan v. Transitional Council of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario, [2014] O.J. ...

A refusal by Workers Compensation Board (“WCB”) to pay for an injured worker’s medical marihuana is found reasonable by the Court on judicial review

28. January 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Medicinal use of marijuana – Judicial review – Compliance with legislation – Policies – Ultra vires – Jurisdiction – Standard of review – Reasonableness simpliciter Heilman v. Workers’ Compensation Board, [2013] S.J. No. 680, 2013 SKQB 403, Saskatchewan Court of Queen’s ...

Dr. Marvin Sazant (“Dr. Sazant”) was unsuccessful on appeal from an interim and final decisions of the Discipline Committee of the College of Physicians and Surgeons of Ontario (“the College”) that had revoked his licence to practice medicine, and ordered costs against him for professional misconduct arising out of historical sexual conduct with three young males

29. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Powers of investigator – Physicians and surgeons – Disciplinary proceedings – Sexual relations with patients – Penalties – Charter of Rights and Freedoms – Search and seizure – Remedies – Charter relief – Availability – Legislation – Ultra vires ...