Posts tagged Jurisdiction

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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 Administrative Law Blog No breach of procedural fairness where a lawyer had an opportunity to provide submissions on costs, but did not do so by Scott J. Marcinkow*
December 27, 2023
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 Administrative Law Blog Application for judicial review of a human rights tribunal decision was dismissed because the tribunal’s decision showed a rational chain of analysis by JoAnne Barnum
November 29, 2023
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 Administrative Law Blog 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 by Emilie LeDuc
September 27, 2023
BC Court has jurisdiction for coverage dispute between American company and American insurer
BC Court has jurisdiction for coverage dispute between American company and American insurer Insurance Law Blog BC Court has jurisdiction for coverage dispute between American company and American insurer by Michael Robinson
September 27, 2023
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 Administrative Law Blog 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 by Scott J. Marcinkow*
June 20, 2023
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 Administrative Law Blog 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 by JoAnne Barnum
May 16, 2023
Realtor’s Appeal of Suspension Backfires
Realtor’s Appeal of Suspension Backfires Administrative Law Blog Realtor’s Appeal of Suspension Backfires by Roshni Veerapen
August 16, 2022
Petition for judicial review struck as improper attack on administrative proceedings
Petition for judicial review struck as improper attack on administrative proceedings Administrative Law Blog Petition for judicial review struck as improper attack on administrative proceedings by Joel A. Morris*
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
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 Administrative Law Blog I take it back! In certain circumstances, an administrative body can correct a breach in procedural fairness by reopening the relevant decision by Mollie Clark
February 22, 2022
Jurisdiction and process do matter; police sergeant wins case against the Police Complaint Commissioner Administrative Law Blog Jurisdiction and process do matter; police sergeant wins case against the Police Complaint Commissioner by Scott J. Marcinkow*
January 25, 2022
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 Administrative Law Blog 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 by Mollie Clark
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
The respondent, Healthcare of Ontario Pension Plan (HOPP), made a successful application to quash the applicant’s application for judicial review Administrative Law Blog The respondent, Healthcare of Ontario Pension Plan (HOPP), made a successful application to quash the applicant’s application for judicial review by Scott J. Marcinkow*
October 19, 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 upholds penalties for a City Councillor who sexually harassed a colleague Administrative Law Blog Court upholds penalties for a City Councillor who sexually harassed a colleague by Scott J. Marcinkow*
August 17, 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
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 Administrative Law Blog 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 by Kara Hill
April 20, 2021
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 Administrative Law Blog 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 by Mollie Clark
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
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