Errors in review of medical record lead to decision of ICRC being set aside

20. August 2019 0
Superior Court overturns decision of the Health Professions Appeal and Review Board on the basis that the ICRC fundamentally erred in its review of the medical record. Administrative law – Decisions reviewed – Health Professions Appeal and Review Board – Judicial review – Standard of review – Reasonableness – Physicians and surgeons – Competence Montour v. Ontario ...

If an appellant files an application for leave to appeal within the prescribed timelines and leave is not required, the merits of the claim must not affect the judge’s decision to convert the notice of application for leave to appeal to a notice of appeal

Administrative law – Judicial review – Appeals – Discretion of delegated authority Gonzalez v. British Columbia (Attorney General), [2019] B.C.J. No. 339, 2019 BCCA 88, British Columbia Court of Appeal, March 8, 2019, Sanders, Bennett and Willcock JJ.A. The appellant Gonzalez filed an application for review of a Court of Appeal chambers order. In 2014, ...

The Court quashed an Information and Privacy Commissioner adjudicator’s decision that the College of Physicians and Surgeons was required to produce information related to a quality assurance program at the subject physician’s request

Administrative law – Decisions reviewed – Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Public interest – Judicial review – Compliance with legislation – Standard of review – Reasonableness – Physicians and surgeons British Columbia (College of Physicians and Surgeons) v. British Columbia (Information and Privacy Commissioner), [2019] B.C.J. No. ...

On judicial review, a B.C. Court held that the District’s decision not to grant business licenses for short-term rentals accords with the relevant business license and zoning bylaws.

19. February 2019 0
Administrative law – Decisions reviewed – Municipal councils – Municipalities – By-laws – Planning and zoning – Permits and licences – Judicial review — Compliance with legislation Mailloux v. Tofino (District), [2018] BCJ No 6987, 2018 BCSC 2298, British Columbia Supreme Court, December 24, 2018, LA Loo J The petitioners were townhouse owners in Tofino ...

The B.C. Court of Appeal upheld the Law Society of B.C.’s finding that the lawyer had committed professional misconduct by failing to disclose a conflict of interest to a client, and held it was within the review panel’s discretion to impose a five month suspension on the lawyer.

19. February 2019 0
Administrative law – Decisions reviewed – Law Societies – Permits and licences – Judicial review – Appeals – Standard of review – Reasonableness – Barristers and solicitors – Conflict of interest – Professional misconduct – Suspension Strother v. Law Society of British Columbia, [2018] BCJ No 6982, 2018 BCCA 481, British Columbia Court of Appeal, ...

Development Cost Charges may apply if the developer receives a direct or indirect benefit from City drainage works

16. October 2018 0
A developer was denied an exemption to the City of Coquitlam’s development cost charges for drainage works because the developer was found to benefit directly and/or indirectly from the drainage works, and it followed that this imposed new capital costs burdens on the City. Administrative law – Decisions reviewed – Municipal boards – Judicial review ...

Regulator’s procedure may vary if member not prejudiced by change

16. October 2018 0
Because there was no procedural unfairness, the Ontario College of Pharmacists (the “College”) was not required to abide by its own procedural guidelines in the circumstances. Administrative law – Decisions reviewed – College of Pharmacists – Abuse of process – Judicial review – Procedural requirements and fairness – Appeals – Pharmacists – Disciplinary proceedings – ...

Where a hearing panel’s penalty decision falls within a reasonable range of outcomes, deference should be given to that committee’s decision in light of its expertise

Administrative law – Decisions reviewed – College of Physicians and Surgeons – Judicial review – Appeals – Standard of review – Reasonableness – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual relations with patients – Suspensions College of Physicians and Surgeons of Ontario v. Peirovy, [2018] OJ No 2341, ...

A prior penalty decision can be considered by a hearing panel in making a subsequent penalty decision, even if the prior penalty is under review, depending on the wording of the governing legislation

Administrative law – Decisions reviewed – Law Societies – Judicial review – Appeals – Standard of review – Reasonableness – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Suspensions Law Society of British Columbia v. Perrick, [2018] BCJ No 785, 2018 BCCA 169, British Columbia Court of Appeal, May 2, 2018, M.E. Saunders, ...