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, ...

Appeal from costs orders following dismissal of discipline proceedings

17. April 2018 0
Administrative law – Decisions reviewed – Law Societies – Jurisdiction – Right to award costs – Judicial review – Appeals – Barristers and solicitors – Professional misconduct O’Toole v. Law Society of New Brunswick, [2017] N.B.J. No. 342, 2017 NBCA 56, New Brunswick Court of Appeal, February 15, 2018, J.E. Drapeau C.J.N.B., M.E.L. Larlee, B.V. ...

SKCA upholds Labour Relations Board decision that complainant under the repealed OHS Act could release an employer with respect to any past wrongdoing that is personal to the complainant

20. December 2017 0
Appeal from decision of Saskatchewan Labour Relations Board regarding whether a complainant under employment legislation could release an employer with respect to wrongdoing that occurred in the past and is personal to the complainant rather than systemic in nature. Administrative law – Decisions reviewed – Labour and employment boards – Appeals – Employment – Termination ...

ABCA concludes Arbitrator’s decision that ongoing placement restrictions were justified by testamentary risk unreasonable

20. December 2017 0
Appeal from judicial review of decision under Alberta Police Act and Police Service Regulation restricting employment because of “testamentary risk”. Administrative law – Decisions reviewed – Police Services Board – Appeals – O’Connor test – Judicial review – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming Edmonton Police Assn. v. ...