A professional’s Charter right to freedom of expression falls short against his professional obligations in protecting him from undergoing mandatory training to remediate his public statements

20. October 2023 0
Ontario Superior Court of Justice finds College Committee appropriately balanced Dr. Peterson’s Charter right to freedom of expression and his professional obligations as a regulated member of the College of Psychologists of Ontario in its decision to order Dr. Peterson to engage in remedial activity following him making public statements that may be degrading, demeaning ...

Airbnb succeeds in quashing IPC’s order concerning public disclosure of Vancouver hosts’ personal addresses as potential risks of disclosure not reasonably considered

29. August 2023 0
Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Public bodies – Judicial review – Procedural requirements and fairness – Standard of review – Unreasonableness Airbnb Ireland UC v. Vancouver (City), [2023] B.C.J. No. 1294, 2023 BCSC 1137, British Columbia Supreme Court, July ...

BC Supreme Court finds that if an administrative decision-maker is going to veer off its typical course in a decision, it needs to provide sufficient reasons to explain and justify its departure from the norm

21. February 2023 0
Administrative law – Decisions reviewed – Municipal boards – Planning and zoning – Intervenor status – Judicial review – Procedural requirements and fairness – Delay – Failure to provide reasons – Standard of review – Correctness – Unreasonableness Beedie (Keefer Street) Holdings Ltd. v. Vancouver (City), [2022] B.C.J. No. 2392, 2022 BCSC 2150, British Columbia ...

What do the residents have to say? Local Government required to gather the views of residents when providing recommendations to the Liquor and Cannabis Regulation Branch for proposed non-medical cannabis establishment

20. October 2020 0
Administrative law – Decisions reviewed – Municipal boards – Licensing – By-laws – Resolutions – Judicial review – Legislative compliance – Standard of review – Unreasonableness Pendergast v. Sidney (Town), [2020] B.C.J. No. 1130, 2020 BCSC 1049, British Columbia Supreme Court, July 15, 2020, J.A. Power J. The Court concluded that the Town of Sidney ...

The Representative for Children and Youth has a broad mandate and is entitled to information generally relevant to child welfare

21. January 2020 0
Administrative law – Decisions reviewed – Ministry of Attorney General – Freedom of information and protection of privacy – Public body – Access to information – Judicial review – Standard of review – Unreasonableness British Columbia (Representative for Children and Youth) v. British Columbia (Attorney General), [2019] B.C.J. No. 2108, 2019 BCSC 1888, British Columbia Supreme Court, ...

The Minister of Environment appropriately focused on the state of the actual construction when deciding whether a ski resort project was “substantially started”

15. October 2019 0
In 2014, the Appellant, the Minister of Environment, decided a ski resort project was not substantially started. A chambers judge held this decision was unreasonable, and the Minister appealed to the BC Court of Appeal. The Court of Appeal allowed the appeal. Administrative law – Decisions reviewed – Minister of Environment – Assessment – Legislative compliance ...

The Applicant, Dollar General Corporation, successfully applied to the Federal Court to set aside a decision of the Registrar of Trademarks which had expunged its trademark, “DOLLAR GENERAL”. The Registrar had made this decision after an application was made by the Respondent, 2900319 Canada Inc.

18. September 2018 0
Administrative law – Decisions reviewed – Registrar of Trademarks – Judicial review – Standard of review – Unreasonableness – Intellectual property Dollar General Corp. v. 2900319 Canada Inc., [2018] F.C.J. No. 801, 2018 FC 778, Federal Court, July 25, 2018, M.D. Manson J. The Applicant, Dollar General Corporation, is the owner of the trademark, “DOLLAR ...

Addressing the doctrine of legitimate expectations in the context of an investigation and report into a harassment complaint, the Court found the applicant had a legitimate expectation based on a representation made and that this was never fulfilled; the matter was remitted back for reconsideration

17. April 2018 0
Administrative law – Decisions reviewed – Human rights complaints – Harassment – Judicial review – Procedural requirements and fairness – Standard of review – Unreasonableness – Natural justice Gareau v. Canada (Attorney General), [2018] F.C.J. No. 135, 2018 FC 157, Federal Court, February 9, 2018, A.M. McDonald J. The applicant, Paul Gareau, was the Deputy ...

BCCA confirms that approval of a monitoring plan submitted under an environmental permit falls within the definition of a “decision” under the appeal provisions of the EMA

17. October 2017 0
The Environmental Management Act allows for a broad right of appeal from decisions made directly under the Act and those that are made under a permit pursuant to the Act. Administrative law – Decisions reviewed – Environmental Appeal Board – Review Board – Judicial review – Appeals – Standard of review – Unreasonableness Unifor Local ...

Appeal Division’s dismissal of disabled employee’s application for leave to appeal was unreasonable

15. May 2017 0
The appellant, Carol Ingram, brought an application for judicial review of a decision of the Appeal Division of the Social Security Tribunal denying her application for leave to appeal a decision of the Tribunal’s General Division denying her claim for a disability pension. The Appeal Division concluded that Ms. Ingram’s appeal had no reasonable chance ...