Application for judicial review of a decision of the Legal Services Society of British Columbia in which it denied the applicant’s claim for legal aid representation in her family law case; dismissed

17. April 2018 0
Administrative law – Decisions reviewed – Legal Aid Commission – Judicial review – Procedural requirements and fairness – Standard of review – Correctness – Reasonableness – Legal aid M.H. v. Legal Services Society of British Columbia, [2018] B.C.J. No. 217, 2018 BCSC 195, British Columbia Supreme Court, February 9, 2018, H.J. Holmes J. M.H. sought judicial ...

Alberta Court of Queen’s Bench upholds Chief Electoral Officer’s decision to impose administrative penalty for alleged election sign violation

20. December 2017 0
The Alberta Court of Queen’s Bench considers the applicable standard of review in the context of a judicial review under the Election Act, RSC 2000, Chapter E-1. The Court applies the standard of review and considers the reliance on “guidelines” developed to implement legislative requirements. Administrative law – Decisions reviewed – Government Officer – Judicial ...

FCA affirms trial judge’s decision where it overturned RCMP Commission refusal to order a new hearing in disciplinary proceeding because it concluded the outcome was legally inevitable

20. December 2017 0
The Federal Court of Appeal considered the trial judge’s decision where it overturned the decision of RCMP Commission which refused to order a new hearing because it concluded the outcome was legally inevitable.  The Court of Appeal affirmed the trial judge’s decision.  The outcome was not legally inevitable given the breaches of procedural fairness alleged. ...

Tribunal of the Financial and Consumer Services Commission’s decision to grant stay of proceedings for reason of delay set aside

15. August 2017 0
Edmond deals with the issue of when, and under what circumstances, a delay in the administrative process will warrant an order granting a stay of proceedings. Administrative law – Decisions of administrative tribunals – Securities Commission – Jurisdiction – Judicial review – Stay of proceedings – Delay – Appeals – Standard of review New Brunswick (Financial and Consumer Services Commission) v. Edmond, [2017] N.B.J. ...

Ontario Civil Police Commission finds Hearing Officer failed to provide a minimum level of assistance to unrepresented party and orders a new hearing

15. May 2017 0
The applicant is a police officer with the Amherstburg Police Service. The respondent made a complaint to the Office of the Independent Policy Review Director (“OIPRD”) as a result of a confrontation he had with the applicant when he was pulled over. As a result of the confrontation, the respondent was charged with assaulting a ...

Appeal Division’s dismissal of disabled employee’s application for leave to appeal was unreasonable

15. May 2017 0
The appellant, Carol Ingram, brought an application for judicial review of a decision of the Appeal Division of the Social Security Tribunal denying her application for leave to appeal a decision of the Tribunal’s General Division denying her claim for a disability pension. The Appeal Division concluded that Ms. Ingram’s appeal had no reasonable chance ...