Posts tagged Correctness

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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
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 Administrative Law Blog 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 by Emilie LeDuc
January 30, 2024
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 Administrative Law Blog 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 by Renée Gagnon
January 30, 2024
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 Administrative Law Blog Utilities Commission breached its duty of procedural fairness when making a significant policy change without adequate notice of that potential change by Scott J. Marcinkow*
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
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 Administrative Law Blog 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 by Scott J. Marcinkow*
September 27, 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
Mayor eventually defeats the council members’ effort to replace her as chair of meetings Administrative Law Blog Mayor eventually defeats the council members’ effort to replace her as chair of meetings by Scott J. Marcinkow*
April 18, 2023
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 Administrative Law Blog 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 by Renée Gagnon
February 21, 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
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 Administrative Law Blog 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 by JoAnne Barnum
December 20, 2022
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 Administrative Law Blog The Supreme Court of Canada established a new category of cases to which the correctness standard of review applies by Emilie LeDuc
September 20, 2022
Administrative Law Blog Court dismisses appeal of physician seeking to overturn decision to not renew privileges August 16, 2022
Administrative Law Blog Court dismisses two appeals arguing that the LAT was biased and denied procedural fairness August 16, 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
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 Administrative Law Blog 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 by Mollie Clark
June 21, 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
Administrative Law Blog BCSC upholds decision of the information and privacy commissioner denying assertions of privileges over certain documents December 21, 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
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 Administrative Law Blog 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 by Mollie Clark
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
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
Strained interpretation – standard of review applicable to the Civil Resolution Tribunal decision when it has “specialized expertise” Administrative Law Blog Strained interpretation – standard of review applicable to the Civil Resolution Tribunal decision when it has “specialized expertise” by Adam R. Way
March 16, 2021
Administrative Law Blog Court upholds revocation of physician’s licence after repeated care and conduct concerns over a lengthy period of time March 16, 2021
The standard of review for jurisdictional questions under the Manufactured Home Park Tenancy Act is patent unreasonableness Administrative Law Blog The standard of review for jurisdictional questions under the Manufactured Home Park Tenancy Act is patent unreasonableness by Deanna Froese
February 16, 2021