Complainant in professional discipline matter lacked standing to judicially review merits of decision to dismiss complaint

19. November 2019 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Complaints lacking merit – Judicial review – Appeals – Standing – Physicians and surgeons – Professional misconduct Makis v. College of Physicians and Surgeons of Alberta, [2019] A.J. No. 1229, 2019 ABCA 341, Alberta Court of Appeal, September 13, 2019, R. Khullar J.A. ...

The federal Bankruptcy and Insolvency Act governs applications for leave to sue where a receiver is appointed under both that legislation and the provincial Courts of Justice Act

18. June 2019 0
Administrative law – Judicial review – Appeals – Jurisdiction – Standard of review – Correctness Business Development Bank of Canada v. Astoria Organic Matters Ltd., [2019] O.J. No. 1742, 2019 ONCA 269, Ontario Court of Appeal, April 8, 2019, K.N. Feldman, D. Paciocco and B. Zarnett JJ.A. Astoria filed for bankruptcy under the Bankruptcy and ...

Relief from forfeiture under Law and Equity Act does not apply to statutory forfeiture under Residential Tenancy Act

18. June 2019 0
Administrative law – Landlord and tenant – Leases – Remedies – Relief from forfeiture – Judicial review – Appeals – Compliance with legislation Seignoret v. Bakonyi Holdings Ltd., [2019] B.C.J. No. 516, 2019 BCCA 105, British Columbia Court of Appeal, April 2, 2019, P.M. Willcock, G. Dickson and G.J. Fitch JJ.A. In 2017, the landlord ...

An application for information from exempted records – not for the records – is not a valid application for access to information

19. March 2019 0
Administrative law – Decisions reviewed – Privacy commissioner – Freedom of information and protection of privacy – Municipal employees – Disclosure – Judicial review – Appeals – Jurisdiction Raymond v. Nova Scotia (Information and Privacy Commissioner), [2019] N.S.J. No. 7, 2019 NSCA 1, Nova Scotia Court of Appeal, January 11, 2019, P. Bryson, E. Van den Eynden and A.S. ...

Procedural fairness is reviewed on a standard of correctness

19. March 2019 0
Administrative law – Decisions reviewed – Municipal Councillor – Judicial review – Appeals – Natural justice – Procedural requirements and fairness – Standard of review – Correctness – Reasonableness Murray Purcha & Son Ltd. v. Barriere (District), [2019] B.C.J. No. 2, 2019 BCCA 4, British Columbia Court of Appeal, January 3, 2019, S. Stromberg-Stein, J.E.D. Savage and J.J.L. Hunter ...

Regulatory body can modify legal rights when doing so is in the public interest

16. November 2018 0
Administrative law – Decisions reviewed – Racing Commission – Jurisdiction – Judicial review – Standard of review – Reasonableness – Government – Gaming and betting Ontario Harness Horse Assn. v. Ontario (Alcohol and Gaming Commission), [2018] O.J. No. 4862, 2018 ONSC 5160, Ontario Superior Court of Justice, September 24, 2018, K.E. Swinton, A.C.R. Whitten and ...

Seven-year delay in disciplinary process constitutes abuse of process

16. November 2018 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Procedural requirements and fairness – Police – Disciplinary proceedings – Public hearings Diaz-Rodriguez v. British Columbia (Police Complaints Commissioner), [2018] B.C.J. No. 3290, 2018 BCSC 1642, British Columbia Supreme Court, September 27, 2018, J.S. Harvey J. The petitioner, Constable Diaz-Rodriguez, was a member ...

Whether a child-client’s litigation records with the Children’s Lawyer for Ontario are subject to a parent’s freedom of information request

21. August 2018 0
Administrative law – Decisions reviewed – Privacy Commissioner – Custody and control – Judicial review – Appeals – Standard of review – Reasonableness – Correctness – Freedom of information and protection of privacy – Disclosure of records – Public body – Solicitor-client privilege Children’s Lawyer for Ontario v. Ontario (Information and Privacy Commissioner), [2018] O.J. ...

Decisions of law societies not to accredit proposed law school at Trinity Western University reasonable

21. August 2018 0
Administrative law – Decisions reviewed – Law Societies – Charter of Rights and Freedoms – Freedom of Religion – Judicial review – Appeals – Standard of Review – Reasonableness Law Society of British Columbia v. Trinity Western University and Trinity Western University v. Law Society of Upper Canada, [2018] S.C.J. No. 32 and [2018] S.C.J. No. 33, ...