You didn’t consider my reply! Canadian Human Rights Commission in breach of procedural fairness by ignoring reply submissions made by applicant to investigator’s report

19. November 2019 0
The court concluded that the Canadian Human Rights Commission committed a breach in procedural fairness when it failed to properly consider and assess reply submissions made by the applicant in response to the investigator’s initial investigation and report. The Commission could not simply adopt the investigator’s findings, when the applicant had raised new issues in ...

A Law Society member is required to cooperate with the Law Society and provide document production at the investigative stage

19. November 2019 0
Administrative law – Decisions reviewed – Law Societies – Judicial review – Investigations – Barristers and solicitors – Professional misconduct Cusack v. Law Society of Ontario, [2019] O.J. No. 4467, 2019 ONSC 5015, Ontario Superior Court of Justice, September 4, 2019, N.L. Backhouse, M.L. Edwards and L.G. Favreau JJ. The appellant was a sole practitioner ...

Complainant in professional discipline matter lacked standing to judicially review merits of decision to dismiss complaint

19. November 2019 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Complaints lacking merit – Judicial review – Appeals – Standing – Physicians and surgeons – Professional misconduct Makis v. College of Physicians and Surgeons of Alberta, [2019] A.J. No. 1229, 2019 ABCA 341, Alberta Court of Appeal, September 13, 2019, R. Khullar J.A. ...

The OIPC unreasonably balanced privacy of the individuals over appropriate sharing and access of health information to respond to complaints

15. October 2019 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Judicial review – Appeals – Legislative compliance – Fresh evidence – Standard of review – Reasonableness – Freedom of information and protection of privacy – Disclosure Gowrishankar v. J.K., [2019] A.J. No. 1167, 2019 ABCA 316, Alberta Court of Appeal, August 30, 2019, B.K. ...

College of Physicians of Alberta failed to afford an internationally trained physician adequate procedural fairness

15. October 2019 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Professions – Physicians and surgeons – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness Mohamed v. College of Physicians and Surgeons of Alberta, [2019] A.J. No. 1134, 2019 ABQB 657, Alberta Court of Queen’s ...

The Minister of Environment appropriately focused on the state of the actual construction when deciding whether a ski resort project was “substantially started”

15. October 2019 0
In 2014, the Appellant, the Minister of Environment, decided a ski resort project was not substantially started. A chambers judge held this decision was unreasonable, and the Minister appealed to the BC Court of Appeal. The Court of Appeal allowed the appeal. Administrative law – Decisions reviewed – Minister of Environment – Assessment – Legislative compliance ...

Balancing Charter Rights

17. September 2019 0
Where Charter values are engaged in an administrative decision, Charter values do not have to be perfectly balanced; however other avenues and options must be considered in order for the decision to be justifiable, transparent and intelligible. Administrative law – Decisions reviewed – Elections Officer – Charter of Rights and Freedoms – Discrimination – Judicial review – ...

Procedural Fairness and the Duty to Disclose

17. September 2019 0
Where information that is central to a complaint forms the basis for a report prepared by an investigator of the Canadian Human Rights Commission, this information must be disclosed to the complainant. It is not sufficient to provide a summary of the information to the complainant in a report. The duty to disclose is high ...

Federal Court Of Appeal upholds lower court’s decision that Transport Canada Delegate Authority did not breach duty of procedural fairness in cancelling transportation security clearance on basis of past criminal charges

17. September 2019 0
Self-represented individuals engaged in an administrative process must be given a fair and meaningful opportunity to respond, meaning they must be given all the necessary information to enable a reasonable person to participate in the process. That standard is not subjective. Whether one did not in fact properly use such an opportunity because one failed ...

BC Supreme Court overturns Privacy Commissioner decision that records containing the total legal costs of ongoing litigation were producible on the basis that the presumption of privilege had been rebutted

17. September 2019 0
A litigant’s records with respect to total legal costs amid ongoing litigation are presumptively privileged and not disclosable under section 56 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996. The presumption is rebuttable upon the party requesting the information showing that an assiduous inquirer could not deduce, infer, or otherwise acquire ...