Posts tagged reasonableness

Visit our Knowledge Centre for more searching.

The application for judicial review of a Provincial Court Judge’s decision was dismissed; the Court refused to allow the petitioner to argue an issue it overlooked raising in the underlying proceeding
The application for judicial review of a Provincial Court Judge’s decision was dismissed; the Court refused to allow the petitioner to argue an issue it overlooked raising in the underlying proceeding Administrative Law Blog The application for judicial review of a Provincial Court Judge’s decision was dismissed; the Court refused to allow the petitioner to argue an issue it overlooked raising in the underlying proceeding by JoAnne Barnum
April 25, 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
Judicial Review is not a venue for vindication
Judicial Review is not a venue for vindication Administrative Law Blog Judicial Review is not a venue for vindication by Deanna Froese
February 27, 2024
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 Administrative Law Blog 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 by Renée Gagnon
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
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 Administrative Law Blog Federal Court of Appeal upholds Federal Employment Board’s dismissal of a complaint that alleged abuse of authority in an internal appointment process by JoAnne Barnum
November 29, 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
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
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
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
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 Administrative Law Blog Government compliance with the reporting requirements under the Climate Change Accountability Act, S.B.C. 2007, c. 42 is justiciable by Emilie LeDuc
March 21, 2023
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 Administrative Law Blog 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 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
Administrative Law Blog Court of Appeal upholds Assessment Review Board’s decision on assessment of certain condominium rental properties October 18, 2022
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 Administrative Law Blog Impossibility of Compliance Defence – Mount Polley’s attempt at avoiding contravention of its permit by Adam R. Way
October 18, 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
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
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 Administrative Law Blog The Federal Court of Appeal reinforced that absurd results must be avoided when interpreting legislation by Deanna Froese
April 19, 2022
Administrative Law Blog 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 March 15, 2022
Administrative Law Blog Court upholds decision of the Human Rights Commissioner that concluded there was insufficient evidentiary basis to move the complaint to a tribunal hearing March 15, 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
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 Administrative Law Blog 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 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
Mandatory Vaccination policies – are they enforceable? Workplace Law Blog Mandatory Vaccination policies – are they enforceable? by Rose Keith, KC*
January 20, 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
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 Administrative Law Blog Is a business licence being renewed, revoked or granted? Turns out it matters by Adam R. Way
December 21, 2021
Petitioners successfully sought judicial review of a decision made by the Agricultural Land Commission, which had refused a subdivision request Administrative Law Blog Petitioners successfully sought judicial review of a decision made by the Agricultural Land Commission, which had refused a subdivision request by Scott J. Marcinkow*
October 19, 2021
Administrative Law Blog Residential Tenancy Branch decision failed to adequately articulate the reasons for its decision and the matter was remitted back to the Residential Tenancy Branch 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
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
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 Administrative Law Blog College’s decision to terminate physician’s assessment was reasonable given concerns about patient safety 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 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
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
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 Administrative Law Blog 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 by Adam R. Way
May 18, 2021
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 Administrative Law Blog Court rules public health order banning indoor religious gatherings are a justified infringement on Charter rights to freedom of religion and expression by Kara Hill
April 20, 2021
Off duty conduct must be carefully assessed before concluding it warrants disciplinary action Administrative Law Blog Off duty conduct must be carefully assessed before concluding it warrants disciplinary action by Scott J. Marcinkow*
April 20, 2021
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 Administrative Law Blog 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 by Mollie Clark
April 20, 2021
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 Administrative Law Blog 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 by Kara Hill
January 19, 2021
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 Administrative Law Blog 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 by Mollie Clark
January 19, 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