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“In approaching assertions of Cabinet confidentiality, administrative decision makers and reviewing courts must be attentive not only to the vital importance of public access to government-held information but also to Cabinet secrecy’s core purpose of enabling effective government, and its underlying rationales of efficiency, candour, and solidarity.” – Justice Karakatsanis writing for the majority
“In approaching assertions of Cabinet confidentiality, administrative decision makers and reviewing courts must be attentive not only to the vital importance of public access to government-held information but also to Cabinet secrecy’s core purpose of enabling effective government, and its underlying rationales of efficiency, candour, and solidarity.” – Justice Karakatsanis writing for the majority “In approaching assertions of Cabinet confidentiality, administrative decision makers and reviewing courts must be attentive not only to the vital importance of public access to government-held information but also to Cabinet secrecy’s core purpose of enabling effective government, and its underlying rationales of efficiency, candour, and solidarity.” – Justice Karakatsanis writing for the majority
An individual board member may disclose confidential board information to their own lawyer on matters affecting them personally
An individual board member may disclose confidential board information to their own lawyer on matters affecting them personally An individual board member may disclose confidential board information to their own lawyer on matters affecting them personally
Judicial Review is not a venue for vindication
Judicial Review is not a venue for vindication Judicial Review is not a venue for vindication
Veterinarian guilty of unprofessional conduct for non-compliant hydromorphone use
Veterinarian guilty of unprofessional conduct for non-compliant hydromorphone use Veterinarian guilty of unprofessional conduct for non-compliant hydromorphone use
A party may raise a procedural fairness issue for the first time on judicial review where that party could not reasonably have identified and raised the issue before the original decision-maker
A party may raise a procedural fairness issue for the first time on judicial review where that party could not reasonably have identified and raised the issue before the original decision-maker A party may raise a procedural fairness issue for the first time on judicial review where that party could not reasonably have identified and raised the issue before the original decision-maker
The next time Vancouver’s Fire Chief seeks to remove the shelters the occupants of Hastings Block erect, procedural fairness demands that notice of this plan and an opportunity for the occupants to provide submissions to the Fire Chief must be provided
The next time Vancouver’s Fire Chief seeks to remove the shelters the occupants of Hastings Block erect, procedural fairness demands that notice of this plan and an opportunity for the occupants to provide submissions to the Fire Chief must be provided The next time Vancouver’s Fire Chief seeks to remove the shelters the occupants of Hastings Block erect, procedural fairness demands that notice of this plan and an opportunity for the occupants to provide submissions to the Fire Chief must be provided
Ontario Superior Court of Justice finds School Board appropriately balanced public member’s Charter right to freedom of expression with its bylaws in its decision to prevent further presentation on topics that it deemed could violate human rights legislation and its policies
Ontario Superior Court of Justice finds School Board appropriately balanced public member’s Charter right to freedom of expression with its bylaws in its decision to prevent further presentation on topics that it deemed could violate human rights legislation and its policies Ontario Superior Court of Justice finds School Board appropriately balanced public member’s Charter right to freedom of expression with its bylaws in its decision to prevent further presentation on topics that it deemed could violate human rights legislation and its policies
Utilities Commission breached its duty of procedural fairness when making a significant policy change without adequate notice of that potential change
Utilities Commission breached its duty of procedural fairness when making a significant policy change without adequate notice of that potential change Utilities Commission breached its duty of procedural fairness when making a significant policy change without adequate notice of that potential change
No breach of procedural fairness where a lawyer had an opportunity to provide submissions on costs, but did not do so
No breach of procedural fairness where a lawyer had an opportunity to provide submissions on costs, but did not do so No breach of procedural fairness where a lawyer had an opportunity to provide submissions on costs, but did not do so
Fishing association did not have standing to advance argument that Minister of Fisheries and Oceans breached its constitutional duty to consult with Indigenous stakeholders before making decision to geographically divide a lobster fishing area in Atlantic Ocean
Fishing association did not have standing to advance argument that Minister of Fisheries and Oceans breached its constitutional duty to consult with Indigenous stakeholders before making decision to geographically divide a lobster fishing area in Atlantic Ocean Fishing association did not have standing to advance argument that Minister of Fisheries and Oceans breached its constitutional duty to consult with Indigenous stakeholders before making decision to geographically divide a lobster fishing area in Atlantic Ocean
Federal Court of Appeal upholds Federal Employment Board’s dismissal of a complaint that alleged abuse of authority in an internal appointment process
Federal Court of Appeal upholds Federal Employment Board’s dismissal of a complaint that alleged abuse of authority in an internal appointment process Federal Court of Appeal upholds Federal Employment Board’s dismissal of a complaint that alleged abuse of authority in an internal appointment process
Application for judicial review of a human rights tribunal decision was dismissed because the tribunal’s decision showed a rational chain of analysis
Application for judicial review of a human rights tribunal decision was dismissed because the tribunal’s decision showed a rational chain of analysis Application for judicial review of a human rights tribunal decision was dismissed because the tribunal’s decision showed a rational chain of analysis
Court enjoins administrative body from enforcing newly enacted rule pending outcome of judicial review
Court enjoins administrative body from enforcing newly enacted rule pending outcome of judicial review Court enjoins administrative body from enforcing newly enacted rule pending outcome of judicial review
City of Toronto meets procedural fairness obligations under Fair Wage Policy
City of Toronto meets procedural fairness obligations under Fair Wage Policy City of Toronto meets procedural fairness obligations under Fair Wage Policy
Judge upholds $500,000 penalty for failure to comply with the Container Trucking Act
Judge upholds $500,000 penalty for failure to comply with the Container Trucking Act Judge upholds $500,000 penalty for failure to comply with the Container Trucking Act
When breaches of procedural fairness can be cured by a de novo appeal, there is no sound reason for a judicial review to consider issues arising from the procedural fairness of the decision at first instance
When breaches of procedural fairness can be cured by a de novo appeal, there is no sound reason for a judicial review to consider issues arising from the procedural fairness of the decision at first instance When breaches of procedural fairness can be cured by a de novo appeal, there is no sound reason for a judicial review to consider issues arising from the procedural fairness of the decision at first instance
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
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 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
The Respondent, a pharmacist, had his license cancelled by the Appellant College of Pharmacists. The pharmacist successfully appealed this decision to a judge of the Manitoba Court of Queen’s Bench. The College was unsuccessful in appealing the judge’s decision to the Manitoba Court of Appeal
The Respondent, a pharmacist, had his license cancelled by the Appellant College of Pharmacists. The pharmacist successfully appealed this decision to a judge of the Manitoba Court of Queen’s Bench. The College was unsuccessful in appealing the judge’s decision to the Manitoba Court of Appeal The Respondent, a pharmacist, had his license cancelled by the Appellant College of Pharmacists. The pharmacist successfully appealed this decision to a judge of the Manitoba Court of Queen’s Bench. The College was unsuccessful in appealing the judge’s decision to the Manitoba Court of Appeal
The applicant/appellant physician, Dr. Fialkov, was unsuccessful in seeking judicial review of a decision made by the Health Services Appeal and Review Board (HPARB). The HPARB dismissed Dr. Fialkov’s appeal from a decision of the Ministry of Health. The Ministry had decided that Dr. Fialkov improperly charged a patient for an insured service
The applicant/appellant physician, Dr. Fialkov, was unsuccessful in seeking judicial review of a decision made by the Health Services Appeal and Review Board (HPARB). The HPARB dismissed Dr. Fialkov’s appeal from a decision of the Ministry of Health. The Ministry had decided that Dr. Fialkov improperly charged a patient for an insured service The applicant/appellant physician, Dr. Fialkov, was unsuccessful in seeking judicial review of a decision made by the Health Services Appeal and Review Board (HPARB). The HPARB dismissed Dr. Fialkov’s appeal from a decision of the Ministry of Health. The Ministry had decided that Dr. Fialkov improperly charged a patient for an insured service
The Law Society of Ontario can refuse a licence application after the licence has already been issued where the applicant made a false or misleading representation on the application
The Law Society of Ontario can refuse a licence application after the licence has already been issued where the applicant made a false or misleading representation on the application The Law Society of Ontario can refuse a licence application after the licence has already been issued where the applicant made a false or misleading representation on the application
Airbnb succeeds in quashing IPC’s order concerning public disclosure of Vancouver hosts’ personal addresses as potential risks of disclosure not reasonably considered
Airbnb succeeds in quashing IPC’s order concerning public disclosure of Vancouver hosts’ personal addresses as potential risks of disclosure not reasonably considered Airbnb succeeds in quashing IPC’s order concerning public disclosure of Vancouver hosts’ personal addresses as potential risks of disclosure not reasonably considered
Procedural Fairness in Reconsideration Decisions
Procedural Fairness in Reconsideration Decisions Procedural Fairness in Reconsideration Decisions
Court addresses application of principles governing judicial discipline
Court addresses application of principles governing judicial discipline Court addresses application of principles governing judicial discipline
BC Court of Appeal upholds Supreme Court decision to protect implied undertaking to the court
BC Court of Appeal upholds Supreme Court decision to protect implied undertaking to the court BC Court of Appeal upholds Supreme Court decision to protect implied undertaking to the court
The Ontario Superior Court of Justice reasserts that save for rare and exceptional cases, judicial reviews will be rejected as premature when brought in the middle of administrative proceedings
The Ontario Superior Court of Justice reasserts that save for rare and exceptional cases, judicial reviews will be rejected as premature when brought in the middle of administrative proceedings The Ontario Superior Court of Justice reasserts that save for rare and exceptional cases, judicial reviews will be rejected as premature when brought in the middle of administrative proceedings
The Applicant, a Justice of the Peace, unsuccessfully sought judicial review of a decision from the Respondent, Justices of the Peace Review Council. The Council found her guilty of judicial misconduct and recommended that she be removed from judicial office The Applicant, a Justice of the Peace, unsuccessfully sought judicial review of a decision from the Respondent, Justices of the Peace Review Council. The Council found her guilty of judicial misconduct and recommended that she be removed from judicial office
The BC Human Rights Tribunal successfully appealed a decision of the BC Supreme Court and, in doing so, changed the legal test for family status discrimination in BC The BC Human Rights Tribunal successfully appealed a decision of the BC Supreme Court and, in doing so, changed the legal test for family status discrimination in BC
Municipalities permitted to restrict occupation by owners of rental units
Municipalities permitted to restrict occupation by owners of rental units Municipalities permitted to restrict occupation by owners of rental units
Landlord who failed to move into her condo after evicting her tenant due to a change of moving plans arising out of the COVID-19 pandemic was ordered to pay the tenant a full year’s rent in compensation
Landlord who failed to move into her condo after evicting her tenant due to a change of moving plans arising out of the COVID-19 pandemic was ordered to pay the tenant a full year’s rent in compensation Landlord who failed to move into her condo after evicting her tenant due to a change of moving plans arising out of the COVID-19 pandemic was ordered to pay the tenant a full year’s rent in compensation
HRT’s decision to summarily dismiss complaint set aside in part because of its failure to consider new medical evidence about complainant’s diagnosis that had been provided after the employer’s impugned decisions had been made
HRT’s decision to summarily dismiss complaint set aside in part because of its failure to consider new medical evidence about complainant’s diagnosis that had been provided after the employer’s impugned decisions had been made HRT’s decision to summarily dismiss complaint set aside in part because of its failure to consider new medical evidence about complainant’s diagnosis that had been provided after the employer’s impugned decisions had been made
Decision by the Health Professions Review Board was set aside on the basis that the panel chair’s findings on the adequacy of the underlying investigation were patently unreasonable and the registrar’s underlying dispositions were reasonable
Decision by the Health Professions Review Board was set aside on the basis that the panel chair’s findings on the adequacy of the underlying investigation were patently unreasonable and the registrar’s underlying dispositions were reasonable Decision by the Health Professions Review Board was set aside on the basis that the panel chair’s findings on the adequacy of the underlying investigation were patently unreasonable and the registrar’s underlying dispositions were reasonable
Landlord and Tenant Board’s decision to order a de novo hearing following the departure of their panel member was procedurally unfair in the circumstances
Landlord and Tenant Board’s decision to order a de novo hearing following the departure of their panel member was procedurally unfair in the circumstances Landlord and Tenant Board’s decision to order a de novo hearing following the departure of their panel member was procedurally unfair in the circumstances
Judicial review of a decision of the Civil Resolution Tribunal (“CRT”) in the exercise of its jurisdiction over strata property disputes
Judicial review of a decision of the Civil Resolution Tribunal (“CRT”) in the exercise of its jurisdiction over strata property disputes Judicial review of a decision of the Civil Resolution Tribunal (“CRT”) in the exercise of its jurisdiction over strata property disputes
Mayor eventually defeats the council members’ effort to replace her as chair of meetings Mayor eventually defeats the council members’ effort to replace her as chair of meetings
Denied again – BC Court of Appeal dismisses second appeal from CRT decision Denied again – BC Court of Appeal dismisses second appeal from CRT decision
Exceptional circumstances required for court to intervene in administration proceeding before it is completed
Exceptional circumstances required for court to intervene in administration proceeding before it is completed Exceptional circumstances required for court to intervene in administration proceeding before it is completed
Government compliance with the reporting requirements under the Climate Change Accountability Act, S.B.C. 2007, c. 42 is justiciable
Government compliance with the reporting requirements under the Climate Change Accountability Act, S.B.C. 2007, c. 42 is justiciable Government compliance with the reporting requirements under the Climate Change Accountability Act, S.B.C. 2007, c. 42 is justiciable
The Province does not need to prove fire control efforts were necessary or effective to recover such costs under the Wildfire Act
The Province does not need to prove fire control efforts were necessary or effective to recover such costs under the Wildfire Act The Province does not need to prove fire control efforts were necessary or effective to recover such costs under the Wildfire Act
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
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 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
Make sure there is a connecting theme between events, before trying to argue the last in the series of events extends a filing deadline, or you might be disappointed
Make sure there is a connecting theme between events, before trying to argue the last in the series of events extends a filing deadline, or you might be disappointed Make sure there is a connecting theme between events, before trying to argue the last in the series of events extends a filing deadline, or you might be disappointed
Judicial Review of Business Licensing Decision
Judicial Review of Business Licensing Decision Judicial Review of Business Licensing Decision
Court of Appeal finds gathering & events public health orders justified under Charter
Court of Appeal finds gathering & events public health orders justified under Charter Court of Appeal finds gathering & events public health orders justified under Charter
University Held to Task on Procedural Fairness
University Held to Task on Procedural Fairness University Held to Task on Procedural Fairness
Physician’s application for review of the College’s decision to first restrict her practice then suspend her was dismissed. The physician’s patients were held to not have standing in the proceedings and a publication ban over certain information was granted
Physician’s application for review of the College’s decision to first restrict her practice then suspend her was dismissed. The physician’s patients were held to not have standing in the proceedings and a publication ban over certain information was granted Physician’s application for review of the College’s decision to first restrict her practice then suspend her was dismissed. The physician’s patients were held to not have standing in the proceedings and a publication ban over certain information was granted
Court of Appeal upheld Mental Health Review Board’s decision that the petitioner continued to meet the criteria for involuntary detention under the Mental Health Act
Court of Appeal upheld Mental Health Review Board’s decision that the petitioner continued to meet the criteria for involuntary detention under the Mental Health Act Court of Appeal upheld Mental Health Review Board’s decision that the petitioner continued to meet the criteria for involuntary detention under the Mental Health Act
Court of Appeal agrees it was not patently unreasonable for BC Human Rights Tribunal to summarily dismiss appellant’s discrimination complaint following his termination for using dating apps to hook up with male students on campus where he worked
Court of Appeal agrees it was not patently unreasonable for BC Human Rights Tribunal to summarily dismiss appellant’s discrimination complaint following his termination for using dating apps to hook up with male students on campus where he worked Court of Appeal agrees it was not patently unreasonable for BC Human Rights Tribunal to summarily dismiss appellant’s discrimination complaint following his termination for using dating apps to hook up with male students on campus where he worked
Small claims action dismissed after claimant’s failure to appear at settlement conference due to not seeing the notice of settlement conference in the mail during its COVID-related closure. Application to set that dismissal order aside was brought several months later and dismissed due to claimant’s lack of diligence
Small claims action dismissed after claimant’s failure to appear at settlement conference due to not seeing the notice of settlement conference in the mail during its COVID-related closure. Application to set that dismissal order aside was brought several months later and dismissed due to claimant’s lack of diligence Small claims action dismissed after claimant’s failure to appear at settlement conference due to not seeing the notice of settlement conference in the mail during its COVID-related closure. Application to set that dismissal order aside was brought several months later and dismissed due to claimant’s lack of diligence
Court of Appeal upholds Assessment Review Board’s decision on assessment of certain condominium rental properties
Impossibility of Compliance Defence – Mount Polley’s attempt at avoiding contravention of its permit
Impossibility of Compliance Defence – Mount Polley’s attempt at avoiding contravention of its permit Impossibility of Compliance Defence – Mount Polley’s attempt at avoiding contravention of its permit
The COVID-19 pandemic does not necessarily constitute “extenuating circumstances” under the Residential Tenancy Act
The COVID-19 pandemic does not necessarily constitute “extenuating circumstances” under the Residential Tenancy Act The COVID-19 pandemic does not necessarily constitute “extenuating circumstances” under the Residential Tenancy Act
Independent claims for Charter relief cannot be brought by petition
Independent claims for Charter relief cannot be brought by petition Independent claims for Charter relief cannot be brought by petition
The Supreme Court of Canada established a new category of cases to which the correctness standard of review applies
The Supreme Court of Canada established a new category of cases to which the correctness standard of review applies The Supreme Court of Canada established a new category of cases to which the correctness standard of review applies
Court dismisses appeal of physician seeking to overturn decision to not renew privileges
Court dismisses two appeals arguing that the LAT was biased and denied procedural fairness
No Inordinate Delay for “Unbecoming” Saskatchewan Lawyer
No Inordinate Delay for “Unbecoming” Saskatchewan Lawyer No Inordinate Delay for “Unbecoming” Saskatchewan Lawyer
Realtor’s Appeal of Suspension Backfires
Realtor’s Appeal of Suspension Backfires Realtor’s Appeal of Suspension Backfires
Petition for judicial review struck as improper attack on administrative proceedings
Petition for judicial review struck as improper attack on administrative proceedings Petition for judicial review struck as improper attack on administrative proceedings
Know your limits – review board cannot dictate process to College Know your limits – review board cannot dictate process to College
Two options to calculate compensation in lieu of reinstatement after unjust dismissal Two options to calculate compensation in lieu of reinstatement after unjust dismissal
Stay in your own lane: when asked to review a decision of an administrative tribunal, the Court ought to decline jurisdiction where there is another process available that is more appropriate to the adjudication of the claim
Stay in your own lane: when asked to review a decision of an administrative tribunal, the Court ought to decline jurisdiction where there is another process available that is more appropriate to the adjudication of the claim Stay in your own lane: when asked to review a decision of an administrative tribunal, the Court ought to decline jurisdiction where there is another process available that is more appropriate to the adjudication of the claim
You make the rules, or else you have to play fair: a society is entitled to create its own procedures, and in doing so may violate some principles of natural justice, as long as it does so expressly in its bylaws
You make the rules, or else you have to play fair: a society is entitled to create its own procedures, and in doing so may violate some principles of natural justice, as long as it does so expressly in its bylaws You make the rules, or else you have to play fair: a society is entitled to create its own procedures, and in doing so may violate some principles of natural justice, as long as it does so expressly in its bylaws
Court upholds decision of the WCAT dismissing appeal for the failure to file claim application within the one-year limitation period
Court dismisses appeal from an LTB decision on the grounds that there was no procedural unfairness or injustice in the result
Schooled by the BCSC for Prematurity
Schooled by the BCSC for Prematurity Schooled by the BCSC for Prematurity
Disgruntled Strata Owner Takes a Loss
Disgruntled Strata Owner Takes a Loss Disgruntled Strata Owner Takes a Loss
Small Town Politics Gone Astray – Mayor denied procedural fairness after veiled attempted by Council to censure
Small Town Politics Gone Astray – Mayor denied procedural fairness after veiled attempted by Council to censure Small Town Politics Gone Astray – Mayor denied procedural fairness after veiled attempted by Council to censure
Freedom of religion not engaged in small-scale hydroelectric project Freedom of religion not engaged in small-scale hydroelectric project
One wrong word in a decision does not mean the decision was wrong One wrong word in a decision does not mean the decision was wrong
The Federal Court of Appeal reinforced that absurd results must be avoided when interpreting legislation
The Federal Court of Appeal reinforced that absurd results must be avoided when interpreting legislation The Federal Court of Appeal reinforced that absurd results must be avoided when interpreting legislation
City failed to balance the severity of the interference with Charter values against a policy on acceptable advertising when it relied on a national regulatory body to remove advertisements
Court upholds decision of the Human Rights Commissioner that concluded there was insufficient evidentiary basis to move the complaint to a tribunal hearing
Court of Appeal confirms a municipal body’s interpretation of their statutory powers is reviewable on a reasonableness standard
Court of Appeal confirms a municipal body’s interpretation of their statutory powers is reviewable on a reasonableness standard Court of Appeal confirms a municipal body’s interpretation of their statutory powers is reviewable on a reasonableness standard
Public Sector Integrity Commissioner of Canada’s decision to refuse investigation into Canadian embassy involvement in foreign mining operations and criminal activity reasonable Public Sector Integrity Commissioner of Canada’s decision to refuse investigation into Canadian embassy involvement in foreign mining operations and criminal activity reasonable
No harm, no foul.  Where a breach of procedural fairness has been established, the Court will not find there was a reviewable error unless the breach affected the outcome
No harm, no foul.  Where a breach of procedural fairness has been established, the Court will not find there was a reviewable error unless the breach affected the outcome No harm, no foul. Where a breach of procedural fairness has been established, the Court will not find there was a reviewable error unless the breach affected the outcome
I take it back! In certain circumstances, an administrative body can correct a breach in procedural fairness by reopening the relevant decision
I take it back! In certain circumstances, an administrative body can correct a breach in procedural fairness by reopening the relevant decision I take it back! In certain circumstances, an administrative body can correct a breach in procedural fairness by reopening the relevant decision
The case of the missing dollar: Arbitrator’s decision found procedurally unfair after reversing burden of proof
The case of the missing dollar: Arbitrator’s decision found procedurally unfair after reversing burden of proof The case of the missing dollar: Arbitrator’s decision found procedurally unfair after reversing burden of proof
Expression of preliminary findings by an administrative body does not necessarily indicate a reasonable apprehension of bias Expression of preliminary findings by an administrative body does not necessarily indicate a reasonable apprehension of bias
Jurisdiction and process do matter; police sergeant wins case against the Police Complaint Commissioner Jurisdiction and process do matter; police sergeant wins case against the Police Complaint Commissioner
Federal Court of Appeal upholds decision that the Minister of Health did not deny the appellant procedural fairness in refusing a natural health product license
BCSC upholds decision of the information and privacy commissioner denying assertions of privileges over certain documents
Fair is fair: where statutory interpretation is the core issue decided upon following written and oral submissions, it is not procedurally unfair for the decision maker to rely on a particular term contained in the regulations being interpreted about which submissions were not specifically made
Fair is fair: where statutory interpretation is the core issue decided upon following written and oral submissions, it is not procedurally unfair for the decision maker to rely on a particular term contained in the regulations being interpreted about which submissions were not specifically made Fair is fair: where statutory interpretation is the core issue decided upon following written and oral submissions, it is not procedurally unfair for the decision maker to rely on a particular term contained in the regulations being interpreted about which submissions were not specifically made
There are no shortcuts to judicial review: judicial review will not be available where there is an adequate alternative remedy.  A limited right of appeal from decisions of an administrative body to the Court constitutes an adequate alternative remedy
There are no shortcuts to judicial review: judicial review will not be available where there is an adequate alternative remedy.  A limited right of appeal from decisions of an administrative body to the Court constitutes an adequate alternative remedy There are no shortcuts to judicial review: judicial review will not be available where there is an adequate alternative remedy. A limited right of appeal from decisions of an administrative body to the Court constitutes an adequate alternative remedy
Is a business licence being renewed, revoked or granted?  Turns out it matters
Is a business licence being renewed, revoked or granted?  Turns out it matters Is a business licence being renewed, revoked or granted? Turns out it matters
Saskatchewan Court of Appeal holds University of Saskatchewan Council was bound by their own internal regulations and failure to follow the regulations in this instance lead to a finding of a denial of procedural fairness Saskatchewan Court of Appeal holds University of Saskatchewan Council was bound by their own internal regulations and failure to follow the regulations in this instance lead to a finding of a denial of procedural fairness
Petitioners successfully sought judicial review of a decision made by the Agricultural Land Commission, which had refused a subdivision request Petitioners successfully sought judicial review of a decision made by the Agricultural Land Commission, which had refused a subdivision request
The respondent, Healthcare of Ontario Pension Plan (HOPP), made a successful application to quash the applicant’s application for judicial review The respondent, Healthcare of Ontario Pension Plan (HOPP), made a successful application to quash the applicant’s application for judicial review
Finding of professional misconduct reversed on basis that College failed to specific elements of allegation in citation Finding of professional misconduct reversed on basis that College failed to specific elements of allegation in citation
Residential Tenancy Branch decision failed to adequately articulate the reasons for its decision and the matter was remitted back to the Residential Tenancy Branch
Zoning Bylaw allows an automotive repair shop to store junked vehicles for the purposes of its business and parts inventory
That’s reasonable, right? The standard of review regarding questions of procedural fairness met by an administrative decision maker is not correctness, but rather whether the standard of fairness required by the common law has been met
That’s reasonable, right? The standard of review regarding questions of procedural fairness met by an administrative decision maker is not correctness, but rather whether the standard of fairness required by the common law has been met That’s reasonable, right? The standard of review regarding questions of procedural fairness met by an administrative decision maker is not correctness, but rather whether the standard of fairness required by the common law has been met
Reviewable Decisions – The conundrum of determining whether a decision is subject to judicial review Reviewable Decisions – The conundrum of determining whether a decision is subject to judicial review
Court refuses application for review on reasonableness standard as applicant had not exhausted right of appeal under relevant legislation
Court refuses application for review on reasonableness standard as applicant had not exhausted right of appeal under relevant legislation Court refuses application for review on reasonableness standard as applicant had not exhausted right of appeal under relevant legislation
College’s decision to terminate physician’s assessment was reasonable given concerns about patient safety
College’s decision to terminate physician’s assessment was reasonable given concerns about patient safety College’s decision to terminate physician’s assessment was reasonable given concerns about patient safety
Government employee attacks internal hiring decision without success Government employee attacks internal hiring decision without success
Court upholds penalties for a City Councillor who sexually harassed a colleague Court upholds penalties for a City Councillor who sexually harassed a colleague
Did the appellant “promptly and completely” reply to the Law Society of Ontario (respondent) during an investigation into the appellant’s law firm that focused on the firm’s structure and referral fee practices?
Prevented from being able to practice: Ontario Court allowed an appeal from a decision of the registration committee of the Ontario Association of Architects granting the appellant a license but refusing to reinstate his certificate of practice
It’s all in the context: the content of hospital privileges and assessment of what constitutes constructive revocation of privileges is highly contextual, to be examined on a case by case basis
It’s all in the context: the content of hospital privileges and assessment of what constitutes constructive revocation of privileges is highly contextual, to be examined on a case by case basis It’s all in the context: the content of hospital privileges and assessment of what constitutes constructive revocation of privileges is highly contextual, to be examined on a case by case basis
It’s all fair game: the scope of an investigation ordered pursuant to British Columbia Law Society Rule 4-55 encompasses a broad investigation of the member’s entire legal practice and is not limited to the concerns that triggered the investigation
It’s all fair game: the scope of an investigation ordered pursuant to British Columbia Law Society Rule 4-55 encompasses a broad investigation of the member’s entire legal practice and is not limited to the concerns that triggered the investigation It’s all fair game: the scope of an investigation ordered pursuant to British Columbia Law Society Rule 4-55 encompasses a broad investigation of the member’s entire legal practice and is not limited to the concerns that triggered the investigation
Determination of internal standard of review of an administrative tribunal following Vavilov Determination of internal standard of review of an administrative tribunal following Vavilov
Judicial review prior to conclusion of administrative proceeding not allowed on allegation of bias alone
Judicial review prior to conclusion of administrative proceeding not allowed on allegation of bias alone Judicial review prior to conclusion of administrative proceeding not allowed on allegation of bias alone
Non-parties to an arbitration agreement were not bound by the agreement, but instead were bound by the Arbitration Act, 1991 S.O. 1991, c.17
Non-parties to an arbitration agreement were not bound by the agreement, but instead were bound by the Arbitration Act, 1991 S.O. 1991, c.17 Non-parties to an arbitration agreement were not bound by the agreement, but instead were bound by the Arbitration Act, 1991 S.O. 1991, c.17
Beyond the Supervisory Role – chambers judge fails to properly apply reasonableness standard by seeking to determine the “correct” test the Director of the Law Society should have applied Beyond the Supervisory Role – chambers judge fails to properly apply reasonableness standard by seeking to determine the “correct” test the Director of the Law Society should have applied
Court rules public health order banning indoor religious gatherings are a justified infringement on Charter rights to freedom of religion and expression
Court rules public health order banning indoor religious gatherings are a justified infringement on Charter rights to freedom of religion and expression Court rules public health order banning indoor religious gatherings are a justified infringement on Charter rights to freedom of religion and expression
Human Rights Tribunal can refuse to accept complaints for filing if facts do not allege, beyond the realm of conjecture, a contravention of the Code
Human Rights Tribunal can refuse to accept complaints for filing if facts do not allege, beyond the realm of conjecture, a contravention of the Code Human Rights Tribunal can refuse to accept complaints for filing if facts do not allege, beyond the realm of conjecture, a contravention of the Code
Off duty conduct must be carefully assessed before concluding it warrants disciplinary action Off duty conduct must be carefully assessed before concluding it warrants disciplinary action
A principal’s isolated misconduct did not justify a demotion A principal’s isolated misconduct did not justify a demotion
Pump the brakes – sections 133(1)(b) and (c) of the Civil Resolutions Tribunal Act, S.B.C. 2012, c. 25 are declared unconstitutional and of no force and effect Pump the brakes – sections 133(1)(b) and (c) of the Civil Resolutions Tribunal Act, S.B.C. 2012, c. 25 are declared unconstitutional and of no force and effect
It’s all relative – what it takes for a decision maker to discharge its duty of procedural fairness depends on a determination of the level of procedural fairness required in the specific circumstances It’s all relative – what it takes for a decision maker to discharge its duty of procedural fairness depends on a determination of the level of procedural fairness required in the specific circumstances
Strained interpretation – standard of review applicable to the Civil Resolution Tribunal decision when it has “specialized expertise” Strained interpretation – standard of review applicable to the Civil Resolution Tribunal decision when it has “specialized expertise”
Court upholds revocation of physician’s licence after repeated care and conduct concerns over a lengthy period of time
Court dismisses taxi companies judicial review concerning decisions of the BC Passenger Transportation Board regarding ride sharing approvals of Uber and Lyft
Municipal bylaws do not apply to activities authorized under permit issued under Mines Act because of exclusive provincial jurisdiction over “mines” and “mining activities” Municipal bylaws do not apply to activities authorized under permit issued under Mines Act because of exclusive provincial jurisdiction over “mines” and “mining activities”
The standard of review for jurisdictional questions under the Manufactured Home Park Tenancy Act is patent unreasonableness The standard of review for jurisdictional questions under the Manufactured Home Park Tenancy Act is patent unreasonableness
Reasonable for panel to sanction medical student for leaving medical records in a dumpster
Reasonable for panel to sanction medical student for leaving medical records in a dumpster Reasonable for panel to sanction medical student for leaving medical records in a dumpster
Procedural fairness requires notice of potential timeliness issues Procedural fairness requires notice of potential timeliness issues
Court confirms no breach of procedural fairness rights in party not being able to cross-examine witness when party had not specifically requested to do so
Court confirms no breach of procedural fairness rights in party not being able to cross-examine witness when party had not specifically requested to do so Court confirms no breach of procedural fairness rights in party not being able to cross-examine witness when party had not specifically requested to do so
Facts are facts – where an administrative body’s rules create a strict liability offence, the fact of the offence results in liability. There is no liability defence of due diligence available Facts are facts – where an administrative body’s rules create a strict liability offence, the fact of the offence results in liability. There is no liability defence of due diligence available
You don’t get a second kick at the can – all evidence and issues one wishes to raise within administrative proceedings should be raised with the administrative decision-maker and may be disregarded by reviewing courts You don’t get a second kick at the can – all evidence and issues one wishes to raise within administrative proceedings should be raised with the administrative decision-maker and may be disregarded by reviewing courts