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 ...

Extradition in the face of medical hardship – finding the balance

17. March 2020 0
The Court of Appeal dismissed the applicant’s judicial review of the Attorney General’s decision, pursuant to section 44 of the Extradition Act, SC 1999, c. 18, to issue a surrender order, despite the applicant’s deteriorating medical condition. The Court of Appeal found the Attorney General balanced all of the relevant considerations and the decision was ...

Hear me out! Judicial Review of the Vice President of Northern Lakes College decision to not convene a Student Appeals Committee after the applicant was removed from his practicum program

17. March 2020 0
The applicant was a student in the Primary Care Paramedic Program. He was removed from the program by Alberta Health Services, which ran a portion of the practicum program. The applicant was subsequently removed from the academic program for failure to complete his academic requirements. He sought a hearing in front of the Student Appeal ...

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 ...

Complaint Dismissed: What can the BC Human Rights Tribunal consider when dismissing a complaint on the basis that it “would not further the purpose of this Code”

20. August 2019 0
The court considered the scope of the authority of the BC Human Rights Tribunal to take into account the results of a separate workplace proceeding when deciding to dismiss a complaint under the Human Rights Code pursuant to section 27(1)(d)(ii). Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Appeals – Application ...

Pharmacists Professional Misconduct: The scope of conditions a Discipline Committee can impose when there is a finding of professional misconduct

20. August 2019 0
The court considered the nature of the conditions the Discipline Committee of the Ontario College of Pharmacists can impose when there has been a finding of professional misconduct. The court found the Discipline Committee had the authority to limit the ability of a pharmacist to act as a director of a corporation or hold other ...

This case considers when an application for judicial review will be moot and, if so, when the court will nonetheless exercise its residual discretion to hear the issue. The context was a complaint made with respect to the conduct of a parenting coordinator, mediator and arbitrator appointed under the Ontario Family Law Act to act as an arbitrator in a family law dispute.

21. May 2019 0
Administrative law – Judicial review – Mootness Cuhaci v. Ontario College of Social Workers, [2019] O.J. No 1383, 2019 ONSC 1801, Ontario Superior Court of Justice, March 20, 2019, A. Mullins, F.L. Myers and L.G. Favreau JJ. When is an issue raised on an application for judicial review moot? Even if moot, in what circumstances ...

The court considered the application of the so-called “Kienapple principle” – the principle that a person cannot be punished twice for the same offence. The context of the decision was a Hearing Officer’s disciplinary decision relating to the applicant police officer and the penalty for his misconduct.

21. May 2019 0
Administrative law – Decisions reviewed – Police Commission – Professional governance and discipline – Judicial review – Standard of review – Reasonableness – Police – Disciplinary proceedings – Professional misconduct / conduct unbecoming Durham (Regional) Police Service v. Sowa, [2019] O.J. No. 1555, 2019 ONSC 1902, Ontario Superior Court of Justice, March 28, 2019, H.E. Sachs, J.A. ...

The Registrar appealed a decision of the Ontario Licence Appeal Tribunal, which directed it not to suspend the liquor licence of an establishment. In making its decision, the court concluded that a liquor establishment, under section 45 of the applicable regulation, did not have an obligation to ensure that patrons arrive home safely or to ensure that they safely depart their premises.

21. May 2019 0
Administrative law – Decisions reviewed – License Appeal Tribunal – Compliance with legislation – Judicial review – Appeals – Standard of review – Reasonableness Ontario (Registrar, Alcohol, Gaming and Racing) v. 1146587 Ontario Ltd. (c.o.b. The Royal Oak), [2019] O.J. No. 1336, 2019 ONSC 1469, Ontario Superior Court of Justice, March 18, 2019, K.E. Swinton, G.M. ...