Posts tagged Appeals

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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 Administrative Law Blog “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 by Aynsley Severide
March 19, 2024
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 Administrative Law Blog An individual board member may disclose confidential board information to their own lawyer on matters affecting them personally by Joel A. Morris*
March 5, 2024
Veterinarian guilty of unprofessional conduct for non-compliant hydromorphone use
Veterinarian guilty of unprofessional conduct for non-compliant hydromorphone use Administrative Law Blog Veterinarian guilty of unprofessional conduct for non-compliant hydromorphone use by Ellie Einarson
February 27, 2024
Court of Appeal upholds $1.5M punitive damages award against disability insurer for bad faith as well as trial judge’s order of full indemnity costs to insured
Court of Appeal upholds $1.5M punitive damages award against disability insurer for bad faith as well as trial judge’s order of full indemnity costs to insured Insurance Law Blog Court of Appeal upholds $1.5M punitive damages award against disability insurer for bad faith as well as trial judge’s order of full indemnity costs to insured by Tricia Milne
February 27, 2024
Compliance costs excluded under residential homeowners policy
Compliance costs excluded under residential homeowners policy Insurance Law Blog Compliance costs excluded under residential homeowners policy by Alicia Catalano
December 27, 2023
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 Administrative Law Blog 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 by Scott J. Marcinkow*
September 27, 2023
Court addresses application of principles governing judicial discipline
Court addresses application of principles governing judicial discipline Administrative Law Blog Court addresses application of principles governing judicial discipline by Joel A. Morris*
July 25, 2023
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 Administrative Law Blog BC Court of Appeal upholds Supreme Court decision to protect implied undertaking to the court by Renée Gagnon
July 25, 2023
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 Administrative Law Blog 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 by Scott J. Marcinkow*
June 20, 2023
Municipalities permitted to restrict occupation by owners of rental units
Municipalities permitted to restrict occupation by owners of rental units Administrative Law Blog Municipalities permitted to restrict occupation by owners of rental units by Deanna Froese
June 20, 2023
Don’t worry, you get more than one shot
Don’t worry, you get more than one shot Insurance Law Blog Don’t worry, you get more than one shot by Dionne H. Liu
June 13, 2023
No coverage for assault with a knife during psychotic break
No coverage for assault with a knife during psychotic break Insurance Law Blog No coverage for assault with a knife during psychotic break by Michael Robinson
May 9, 2023
Denied again – BC Court of Appeal dismisses second appeal from CRT decision Administrative Law Blog Denied again – BC Court of Appeal dismisses second appeal from CRT decision by Scott J. Marcinkow*
April 18, 2023
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 Administrative Law Blog Exceptional circumstances required for court to intervene in administration proceeding before it is completed by Joel A. Morris*
April 18, 2023
The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling”
The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling” Insurance Law Blog The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling” by Tricia Milne
April 11, 2023
Windfall from wildfire reduced covered loss
Windfall from wildfire reduced covered loss Insurance Law Blog Windfall from wildfire reduced covered loss by Joe Antifaev
April 11, 2023
Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime
Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime Insurance Law Blog Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime by Joe Antifaev
April 11, 2023
Judicial Review of Business Licensing Decision
Judicial Review of Business Licensing Decision Administrative Law Blog Judicial Review of Business Licensing Decision by Ellie Einarson
January 17, 2023
Court of Appeal finds gathering & events public health orders justified under Charter
Court of Appeal finds gathering & events public health orders justified under Charter Administrative Law Blog Court of Appeal finds gathering & events public health orders justified under Charter by Roshni Veerapen
January 17, 2023
Dirt biker entitled to accident benefits from auto insurer where bike is not exempt from insurance requirements
Dirt biker entitled to accident benefits from auto insurer where bike is not exempt from insurance requirements Insurance Law Blog Dirt biker entitled to accident benefits from auto insurer where bike is not exempt from insurance requirements by Mark McPhee
January 10, 2023
It’s too soon!
It’s too soon! Insurance Law Blog It’s too soon! by Dionne H. Liu
December 13, 2022
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 Administrative Law Blog 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 by Kara Hill
November 15, 2022
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 Administrative Law Blog 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 by Kara Hill
November 15, 2022
Alberta Court of Appeal finds that the words “the Mortgagee” in standard mortgage clause in homeowner’s policy, while ambiguous, do not mean the actual mortgagee in circumstances where the insurer was misled about the actual lender and had no knowledge of same
Alberta Court of Appeal finds that the words “the Mortgagee” in standard mortgage clause in homeowner’s policy, while ambiguous, do not mean the actual mortgagee in circumstances where the insurer was misled about the actual lender and had no knowledge of same Insurance Law Blog Alberta Court of Appeal finds that the words “the Mortgagee” in standard mortgage clause in homeowner’s policy, while ambiguous, do not mean the actual mortgagee in circumstances where the insurer was misled about the actual lender and had no knowledge of same by Tricia Milne
September 13, 2022
No Inordinate Delay for “Unbecoming” Saskatchewan Lawyer
No Inordinate Delay for “Unbecoming” Saskatchewan Lawyer Administrative Law Blog No Inordinate Delay for “Unbecoming” Saskatchewan Lawyer by Roshni Veerapen
August 16, 2022
Two options to calculate compensation in lieu of reinstatement after unjust dismissal Administrative Law Blog Two options to calculate compensation in lieu of reinstatement after unjust dismissal by Scott J. Marcinkow*
July 19, 2022
A duty from mere possibilities
A duty from mere possibilities Insurance Law Blog A duty from mere possibilities by Dionne H. Liu
July 12, 2022
Limit of liability for business losses applies to each business location
Limit of liability for business losses applies to each business location Insurance Law Blog Limit of liability for business losses applies to each business location by Cameron B. Elder*
June 14, 2022
Title insurer has a duty to defend insured subject to claim for damages Insurance Law Blog Title insurer has a duty to defend insured subject to claim for damages by Cameron B. Elder*
June 14, 2022
Freedom of religion not engaged in small-scale hydroelectric project Administrative Law Blog Freedom of religion not engaged in small-scale hydroelectric project by Scott J. Marcinkow*
April 19, 2022
One wrong word in a decision does not mean the decision was wrong Administrative Law Blog One wrong word in a decision does not mean the decision was wrong by Scott J. Marcinkow*
April 19, 2022
Insured not entitled to punitive damages or actual legal fees following an initial travel medical policy denial
Insured not entitled to punitive damages or actual legal fees following an initial travel medical policy denial Insurance Law Blog Insured not entitled to punitive damages or actual legal fees following an initial travel medical policy denial by Michael Robinson
April 12, 2022
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 Administrative Law Blog Court of Appeal confirms a municipal body’s interpretation of their statutory powers is reviewable on a reasonableness standard by Joel A. Morris*
March 15, 2022
Public Sector Integrity Commissioner of Canada’s decision to refuse investigation into Canadian embassy involvement in foreign mining operations and criminal activity reasonable Administrative Law Blog Public Sector Integrity Commissioner of Canada’s decision to refuse investigation into Canadian embassy involvement in foreign mining operations and criminal activity reasonable by Joel A. Morris*
March 15, 2022
Expression of preliminary findings by an administrative body does not necessarily indicate a reasonable apprehension of bias Administrative Law Blog Expression of preliminary findings by an administrative body does not necessarily indicate a reasonable apprehension of bias by Deanna Froese
January 25, 2022
Insurance Law Blog Promisor’s knowledge of facts is critical to proving promissory estoppel January 24, 2022
Administrative Law Blog 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 December 21, 2021
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 Administrative Law Blog 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 by Deanna Froese
November 16, 2021
Insured had no expectation of privacy in relation to participation at case conference Insurance Law Blog Insured had no expectation of privacy in relation to participation at case conference by Cameron B. Elder*
November 9, 2021
Insured has burden of proof in application to reinstate accident benefits Insurance Law Blog Insured has burden of proof in application to reinstate accident benefits by Cameron B. Elder*
November 9, 2021
Ontario Court of Appeal Decision Likely to Resonate in Covidian Business Loss Claims
Ontario Court of Appeal Decision Likely to Resonate in Covidian Business Loss Claims Insurance Law Blog Ontario Court of Appeal Decision Likely to Resonate in Covidian Business Loss Claims by Siobhan H. Sams
November 9, 2021
Administrative Law Blog Zoning Bylaw allows an automotive repair shop to store junked vehicles for the purposes of its business and parts inventory October 19, 2021
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 Administrative Law Blog Court refuses application for review on reasonableness standard as applicant had not exhausted right of appeal under relevant legislation by JoAnne Barnum
September 21, 2021
Government employee attacks internal hiring decision without success Administrative Law Blog Government employee attacks internal hiring decision without success by Scott J. Marcinkow*
August 17, 2021
Court of Appeal finds ordinary meaning of “sudden and accidental” in insurance policy to be something that was “abrupt, unexpected and unintentional” and not bound by temporal constraints
Court of Appeal finds ordinary meaning of “sudden and accidental” in insurance policy to be something that was “abrupt, unexpected and unintentional” and not bound by temporal constraints Insurance Law Blog Court of Appeal finds ordinary meaning of “sudden and accidental” in insurance policy to be something that was “abrupt, unexpected and unintentional” and not bound by temporal constraints by Tricia Milne
August 10, 2021
Administrative Law Blog 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? July 20, 2021
Administrative Law Blog 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 July 20, 2021
Determination of internal standard of review of an administrative tribunal following Vavilov Administrative Law Blog Determination of internal standard of review of an administrative tribunal following Vavilov by Joel A. Morris*
July 20, 2021
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 Administrative Law Blog 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 by JoAnne Barnum
May 18, 2021
Broker ordered to pay replacement cost where insured could not replace because of coverage denial
Broker ordered to pay replacement cost where insured could not replace because of coverage denial Insurance Law Blog Broker ordered to pay replacement cost where insured could not replace because of coverage denial by Alicia Catalano
May 11, 2021
Land and soil around insured home not insured based on policy language
Land and soil around insured home not insured based on policy language Insurance Law Blog Land and soil around insured home not insured based on policy language by Alicia Catalano
May 11, 2021
A principal’s isolated misconduct did not justify a demotion Administrative Law Blog A principal’s isolated misconduct did not justify a demotion by Scott J. Marcinkow*
April 20, 2021
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 Administrative Law Blog 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 by Mollie Clark
January 19, 2021