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. ...

Dental exams and the standard of review

Administrative law – Decisions reviewed – Dental Board Association and College – Failure to hold a hearing – Judicial review – Application – Procedural requirements and fairness – Standard of review – Reasonableness – Professions – Dentists Pour v. Canada (National Dental Examining Board), [2020] O.J. No. 556, 2020 ONSC 555, Ontario Superior Court of ...

Reasonableness and processes related to the home statute

17. December 2019 0
Administrative law – Decisions reviewed – Utility and Review Board – Statutory interpretation – Judicial review – Procedural requirements and fairness – Jurisdiction – Appeals – Standard of review – Reasonableness – Government – Municipal boards Cape Breton (Regional Municipality) v. Nova Scotia (Attorney General), [2019] N.S.J. No. 420, 2019 NSCA 77, Nova Scotia Court ...

The applicable standard of review for human rights complaints and the denial of the opportunity to award costs as a reviewable error

17. December 2019 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Disability – Statutory interpretation – Legislation – Judicial review – Appeals – Standard of review – Correctness – Reasonableness – Costs Pollock v. Manitoba (Human Rights Commission), [2019] M.J. No. 286, 2019 MBCA 110, Manitoba Court of Appeal, October 28, 2019, B.M. Hamilton, J.A. Pfuetzner and L.T. ...

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 ...