Municipal Council’s consultative process was held to be procedurally fair

15. January 2019 0
Administrative law – Decisions reviewed – Municipal boards – By-laws – Notice and consultation – Judicial review – Bias – Procedural requirements and fairness West Nipissing (Municipality) Police Services Board v. West Nipissing (Municipality), [2018] O.J. No. 5958, 2018 ONSC 6454, Ontario Superior Court of Justice, November 14, 2018, H.S. Arrell R.S.J., G.M. Mulligan, W.M. Matheson ...

A reporter requested access to information pursuant to the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F31 (the “Act”) relating to the top 100 physician billers under the Ontario Health Insurance Program, a breakdown of the physician’s specialties and the amount billed

16. October 2018 0
Administrative law – Decisions reviewed – Privacy Commissioner – Compliance with legislation – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Appeals – Standard of review – Reasonableness Ontario Medical Assn. v. Ontario (Information and Privacy Commissioner), [2018] O.J. No. 4107, 2018 ONCA 673, Ontario Court of Appeal, ...

The appellant, Dr. Hefnawi, was enrolled in the Medical Services Plan (“MSP”). In 2010, he was audited by the Billing Integrity Program (“BIP”). The Medical Services Commission (the “Commission”) sought recovery of funds for fraudulent or mispresented patient billing and gave notice of its intention to cancel the appellants enrolment as a practitioner under the Medicare Protection Act, RSBC 1996, c. 286 (“MPA”).

16. October 2018 0
Administrative law – Decisions reviewed – Ministry of Health Billing Integrity Program – Judicial review – Appeals – Natural Justice – Procedural requirements and fairness – Evidence – Physicians and surgeons – Disciplinary proceedings – Billing matters – Records Hefnawi v Health Care Practitioners Special Committee for Audit Hearings, [2018] B.C.J. No. 2932, 2018 BCSC ...

Clorox unsuccessfully appealed a decision of the Registrar of Trademarks rejecting Clorox’s opposition to trademark registrations filed by Chlorotec

Administrative law – Decisions reviewed – Registrar of Trademarks – Fresh evidence – Judicial review – Appeals – Standard of review – Reasonableness – Intellectual property Clorox Company of Canada Ltd. v. Chlorotec s.e.c., [2018] F.C.J. No. 408, 2018 FC 408, Federal Court of Canada, April 16, 2018, S. Grammond J. Clorox appealed the decision ...

The plaintiff sought an appeal of the trial decision that awarded him damages for wrongful dismissal but denied his claim for benefit schemes

Administrative law – Judicial review – Appeals – Standard of review – Palpable and overriding error – Correctness – Employment law – Wrongful dismissal – Damages Carroll v. ATCO Electric Ltd., [2018] A.J. No. 460, 2018 ABCA 146, Alberta Court of Appeal, April 17, 2018, J. Watson, B.L. Veldhuis, M. Crighton, JJ.A. The appellant was ...

This decision relates to a judicial review of the decision of a delegate of the Superintendent of Motor Vehicles that confirmed a notice of an immediate roadside prohibition issued to the petitioner under section 215.41 of the Motor Vehicle Act

20. March 2018 0
Administrative law – Decisions reviewed – Superintendent of Motor Vehicles – Motor vehicles – Suspension of driver’s licence – Breathalyser test – Judicial review – Compliance with legislation – Statutory interpretation – Evidence – Standard of review – Reasonableness Bawa v. British Columbia (Superintendent of Motor Vehicles), [2018] B.C.J. No. 29, 2018 BCSC 32, British ...

This decision was an appeal from the Consent and Capacity Board which found that the appellant was not capable to consent to treatment with certain psychiatric medications proposed by the respondent physician.

20. March 2018 0
Administrative law – Decisions reviewed – Consent and Capacity Board – Evidence – Judicial review – Appeals – Standard of review – Reasonableness Woods v. Chatterjee, [2018] O.J. No. 12, 2018 ONSC 73, Ontario Superior Court of Justice, January 3, 2018, P.J. Cavanagh J. The appellant was diagnosed with schizoaffective disorder and substance abuse disorder ...

This appeal was brought by a registrant of the Alberta College of Social Workers against a decision of the College’s Hearing Tribunal. The Hearing Tribunal found that the appellant engaged in unprofessional conduct when she was rude, dismissive and abrasive. The College brought four charges against the appellant finding that all four allegations had been proven.

20. March 2018 0
Administrative law – Decisions reviewed – College of Social Workers – Failure to provide reasons – Judicial review – Appeals – Social workers – Professional misconduct or conduct unbecoming MacLeod v. Alberta College of Social Workers, [2018] A.J. No. 24, 2018 ABCA 13, Alberta Court of Appeal, January 12, 2018, R.L. Berger, P.T. Costigan and ...

Manitoba Court of Queen’s Bench finds decision of the Tax Appeals Commission is reasonable, dismisses application of the Corporation seeking to overturn the assessment decision of the Commission

17. October 2017 0
The standard of review in matters relating to the Retail Sales Tax Act is not settled and therefore the Dunsmuir framework is used to assess the standard. Administrative law – Decisions reviewed – Minister of Finance – Taxation – Judicial review – Appeals – Standard of review – Reasonableness Larry Penner Enterprises Inc. v. Manitoba ...