Where a matter is remitted for reconsideration, statutory decision maker is presumed to give full weight to the decision of the reviewing court

15. September 2020 0
Administrative law – Decisions reviewed – Dental Board Association and College – Judicial review – Appeals – Standard of review – Reasonableness – Dentist – Professional misconduct or conduct unbecoming – Law of reconsideration Zuk v. Alberta Dental Association and College, [2020] A.J. No. 500, 2020 ABCA 162, Alberta Court of Appeal, April 29, 2020, B.K. ...

Regulatory body can appoint administrator to provide oversight during investigation into police misconduct

15. September 2020 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming – Public interest Durham Police Service v. Ontario Civilian Police Commission, [2020] O.J. No. 1490, 2020 ONSC 1116, Ontario Superior Court of Justice, April 6, 2020, ...

That was yesterday, and yesterday’s gone – the Vavilov decision does not invite us to return to an era where “patent unreasonableness” is given a meaning beyond “reasonableness”

18. August 2020 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Gender – Private clubs – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness Intercounty Tennis Association v. Ontario (Human Rights Tribunal), [2020] O.J. No. 1473, 2020 ONSC 1632, Ontario Superior Court of Justice, April 7, 2020, H.E. Sachs, N.L. ...

City’s unreasonable decision to void a building permit on the basis that no construction activities had occurred

18. August 2020 0
Administrative law – Decisions reviewed – Municipal boards – By-laws – Building permits – Agricultural Land Reserve – Judicial review – Legislative compliance – Evidence, admissibility – Standard of review – Reasonableness Minster Enterprises Ltd. v. Richmond (City), [2020] B.C.J. No. 495, 2020 BCSC 455, British Columbia Supreme Court, March 30, 2020, Crerar J. The ...

Tribunal members’ questions and comments during discipline hearing demonstrate reasonable apprehension of bias

21. July 2020 0
Administrative law – Decisions reviewed – Institute of Chartered Accountants; Judicial review – Reasonable apprehension of bias – Natural justice – Procedural requirements and fairness – Appeals; Accountants – Professional misconduct or conduct unbecoming Yee v. Chartered Professional Accountants of Alberta, [2020] A.J. No. 291, 2020 ABCA 98, Alberta Court of Appeal, March 6, 2020, ...

Professional’s pattern of disruptive conduct can constitute unprofessional conduct

21. July 2020 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Suspension – Judicial review – Appeals – Standard of review – Correctness – Physicians and surgeons – Professional misconduct or conduct unbecoming Al-Ghamdi v. College of Physicians and Surgeons of Alberta, [2020] A.J. No. 207, 2020 ABCA 71, Alberta Court of Appeal, February ...

The decision of an examining board failed to clearly consider the applicant’s health concerns following a failed assessment

Administrative law – Decisions reviewed – Dental Board Association and College – Failure to provide reasons – Judicial review – Standard of review – Reasonableness – Dentist – Training requirements Mattar v. National Dental Examining Board of Canada, [2020] O.J. No. 779, 2020 ONSC 403, Ontario Superior Court of Justice, February 24, 2020, C.D. Aitken, ...

Application to appeal granted after an applicant raises significant questions of law potentially engaging Vavilov

Administrative law – Decisions reviewed – Police Review Board – Judicial review – Appeals – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming Moffat v. Edmonton (City) Police Service, [2020] A.J. No. 271, 2020 ABCA 80, Alberta Court of Appeal, February 27, 2020, M.G. Crighton J.A. The applicant was a ...

Evidence and determining whether a decision is reasonable

Administrative law – Decisions reviewed – Police Commission – Failure to provide reasons – Judicial review – Application – Standard of review – Reasonableness – Professions – Police Correa v. Ontario (Civilian Police Commission), [2020] O.J. No. 438, 2020 ONSC 133, Ontario Superior Court of Justice, February 3, 2020, K.E. Swinton, R.A. Lococo and F.L. ...