Administrative law – Decisions of administrative tribunals – Motor Vehicle Dealers – Permits and licences – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Ontario (Motor Vehicle Dealers Act, Registrar) v. Unity-A-Automotive Inc., [2009] O.J. No. 5198, Ontario Superior Court of Justice, December 3, 2009, W.L. Whalen, M.R. ...
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Penalties and suspensions – Investigations – Fairness – Offences – Double jeopardy Macdonald v. Institute of Chartered Accountants of British Columbia, [2009] B.C.J. No. 2369, British Columbia Supreme Court, November 27, 2009, A.M. Stewart J. Macdonald was ...
Administrative law – Municipalities – Fire inspectors – Orders – Judicial review – Decisions reviewed – Fire inspectors – Judicial review – Procedural requirements and fairness – Bias – Standard of review – Reasonableness simpliciter Grass Home Ltd. v. New Brunswick (Provincial Fire Marshall), [2009] N.B.J. No. 381, New Brunswick Court of Queen’s Bench, September ...
Administrative law – Decisions of administrative tribunals – Government agencies – Government employees – Workers compensation – Federal and provincial legislation – Worker – definition – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Standard of review – Correctness Canadian Broadcasting Corp. v. Luo, [2009] B.C.J. No. 1559, British Columbia Court of ...
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Statutory powers – Physicians and surgeons – Hospital privileges – Judicial review – Compliance with legislation – Evidence – Remedies – Alternative remedies Munro v. St. Paul’s Hospital, [2009] B.C.J. No. 1475, British Columbia Court of Appeal, July 24, 2009, I.T. Donald, P.D. Lowry ...
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Governance – Functions of a self-governing body – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Jurisdiction of Association – Compliance with legislation Salway v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2009] B.C.J. ...
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Disability – Duty to accommodate – Investigations – Role of Investigator – Procedural fairness – Judicial review – Bias – Failure to provide reasons Rowel v. Union Centre Inc., [2009] M.J. No. 215, Manitoba Court of Queen’s Bench, May ...
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Adjudication – Landlord and tenant – Residential tenancy agreements – Termination – Hearings – Conduct of hearings – Failure to provide transcript of hearing – Judicial review – Procedural requirements and fairness – Limitations Ganitano v. Metro Vancouver Housing Corp., [2009] B.C.J. No. ...
Administrative law – Decisions of administrative tribunals – Coroner – Coroner’s inquest – Public interest – Judicial review – Compliance with legislation – Stay of proceedings – Jury selection – Witnesses – Aboriginal issues Nishnawbe Aski Nation v. Eden, [2009] O.J. No. 2458, Ontario Superior Court of Justice, May 29, 2009, A. Karakatsanis J. Reggie ...