Judicial review of decision of Superintendent of Motor Vehicles upholding roadside prohibition. Decision of Superintendent set aside on basis that “warn” reading on approved screening device was not, on its own, evidence to indicate petitioner’s ability to drive was affected by alcohol.

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Breathalyser test – Suspension of driver’s licence – Judicial review – Permits and licences – Evidence – Standard of review – Reasonableness simpliciter Wilson v. British Columbia (Superintendent of Motor Vehicles), [2013] B.C.J. No. 1960, 2013 BCSC 1638, British ...

Physician appealed decision of College’s disciplinary committee, which concluded the physician engaged in disgraceful, dishonourable, and unprofessional conduct, and reprimanded and revoked the physician’s certification

23. July 2013 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Investigations – Competence – Professional misconduct / conduct unbecoming – Penalties and suspensions – Judicial review – Appeals – Standard of review – Reasonableness simpliciter – Evidence – Procedural requirements and fairness Liberman v. ...

Judicial review of decision of adjudicator under Police Act reviewing disciplinary decision that found the officer breached the Charter but did not commit misconduct

23. July 2013 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Disciplinary proceedings – Investigations – Judicial review – Standard of review – Reasonableness simpliciter – Privative clauses – Charter of Rights and Freedoms – Search and seizure Lowe v. Diebolt, [2013] B.C.J. No. 1331, 2013 BCSC 1092, British Columbia Supreme Court, June ...

Application to Court of Queen’s Bench from municipal zoning decision for an order compelling the municipality to provide written reasons for its decision.

23. July 2013 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – Judicial review – Procedural requirements and fairness – Failure to provide reasons – Compliance with legislation Eagle’s Nest Youth Ranch Inc. v. Corman Park (Rural Municipality, No. 344), [2013] S.J. No. 354, 2013 SKQB 218, Saskatchewan Court of ...

The appellants successfully appealed an arbitrator’s decision on the basis that the arbitrator erred by failing to give effect to the ordinary and plain meaning of a statutory provision regarding employment benefits

Administrative law – Decisions of administrative tribunals – Labour and employment boards – Arbitration Board – Labour law – Collective agreements – Benefits – Judicial review – Appeals – Compliance with legislation – Statutory interpretation – Standard of review – Correctness British Columbia Teachers’ Federation v. British Columbia Public School Employers’ Assn., [2013] B.C.J. No. 767, ...

The appellants successfully appealed a decision of the Law Enforcement Review Board, setting aside a decision of the Chief of Police of the Calgary Police Service, directing that a hearing be held in relation to a complaint against two constables with the Calgary Police Service

Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Professional governance and discipline – Investigations – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation Calgary (Police Service) v. Alberta (Law Enforcement Review Board), [2013] A.J. No. 306, 2013 ABCA 124, Alberta Court of Appeal, ...

The applicant successfully sought leave to appeal an order of a justice of the Supreme Court of British Columbia dismissing its appeal from an order of the Forest Appeals Commission

Administrative law – Decisions of administrative tribunals – Forest Appeals Commission – Natural resources – Forestry – Stumpage fees – Judicial review – Appeals – Leave to appeal – Test – Compliance with legislation – Statutory interpretation British Columbia v. Canadian National Railway, [2013] B.C.J. No. 802, 2013 BCCA 185, British Columbia Court of Appeal, ...

The appellant unsuccessfully appealed a decision of the respondent Ontario Securities Commission, dismissing his application to set aside an order of the Commission approving a settlement he made with the Commission’s staff. The appellant argued before the Commission and on appeal that the order approving settlement should have been set aside because of non-disclosure of material information by the Commission staff prior to the settlement and that a member of the Commission was biased.

26. February 2013 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Settlements – Judicial review – Bias – Procedural requirements and fairness – Disclosure Rankin v. Ontario (Securities Commission), [2013] O.J. No. 259, 2013 ONSC 112, Ontario Superior Court of Justice, January 11, 2013, M. Brown R.S.J., P.T. Matlow ...

The appellant Regina Qu’Appelle Regional Health Authority sucessfully appealed a lower court decision affirming a tribunal’s decision that the Health Authority acted unreasonably in the treatment of the respondent physician’s disruptive behaviour

26. February 2013 0
Administrative law – Decisions of administrative tribunals – Health authorities – Physicians and surgeons – Disruptive behaviour – Penalties and suspensions – Judicial review – Appeals – Jurisdiction – Compliance with legislation – Standard of review – Correctness Regina Qu’Appelle Regional Health Authority v. Dewar, [2013] S.J. No. 9, 2013 SKCA 3, Saskatchewan Court of ...