The appeal by the Law Society of Upper Canada (“LSUC”) from a decision of the Appeal Panel which reversed the Hearing Panel’s decision refusing to reinstate a former judge’s membership in the Law Society was dismissed where the Court agreed with the Appeal Panel that the Hearing Panel’s finding as to the appropriate standard of proof was incorrect and undermined the Hearing Panel’s decision to such an extent that its conclusions could not stand

23. September 2008 0
Administrative law – Decisions of administrative tribunals – Law Societies – Judges – Professional misconduct / conduct unbecoming – Barristers and solicitors – Restoration of membership – Public interest – Hearings – Conduct of hearings – Jurisdiction – Judicial review – Evidence – Standard of proof Law Society of Upper Canada v. Evans, [2008] O.J. ...

A lawyer (“Igbinosun”) was successful in his appeal of a decision of the Hearing Panel of the Law Society of Upper Canada (the “LSUC”) where the Court found that the Hearing Panel failed to act judiciously in refusing Igbinosun’s request for an adjournment of the Hearing.

23. September 2008 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Public interest – Hearings – Conduct of hearings – Adjournment – Judicial review – Procedural fairness – Natural justice – Standard of review – Reasonableness simpliciter – ...

The appeal by Chauvet from the dismissal of his application for judicial review of the decision of the Appeals Commission of the Workers’ Compensation Board was dismissed where the Court found that the Appeals Commission’s conclusion that Chauvet was working as a director and not a worker at the time of the accident was not patently unreasonable

26. June 2008 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Worker – definition – Judicial review – Standard of review – Patent unreasonableness Chauvet v. Alberta (Workers’ Compensation Board, Appeals Commission), [2007] A.J. No. 493, Alberta Court of Appeal, May 7, 2007, E. McFadyen, R. Berger and K. Ritter JJ.A. Chauvet was sole owner and ...

The Court dismissed an application for judicial review of a decision of the British Columbia Utilities Commission, denying them costs for their participation in regulatory proceedings involving B.C. Hydro and Power Authority. The Commission’s decision to deny costs, finding that the Appellants lacked a substantial interest in the proceedings and failed to show that they were impacted by the outcome of the proceedings, was not patently unreasonable.

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Utilities Commission – Judicial review – Costs – Procedural requirements and fairness – Natural justice – Standard of review – Patent unreasonableness Sierra Club of Canada (British Columbia) v. British Columbia (Utilities Commission), [2008] B.C.J. No. 402, British Columbia Court of Appeal, March 7, 2008, R.T.A. Low, ...

A psychiatric patient (“SMT”) was unsuccessful in having the Court overturn a decision of the Consent and Capacity Board where the Court found that it was not unreasonable for the Board to find that SMT was incapable with respect to treatment based on the evidence before it

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Mental health – Substitute decision maker – Adult in need of protection – Capacity – Compliance with legislation – Judicial review – Standard of review – Correctness – Charter of Rights and Freedoms S.M.T. v. Abouelnasr, [2008] O.J. No. 1298, Ontario Superior ...

The Court ordered that a publication ban relating to an assessor’s report of Dr. Menon’s practice be dissolved where it was not satisfied that Dr. Menon had established that the salutary effects of the continuing ban outweighed its deleterious effects

27. May 2008 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Publication ban – Physicians and surgeons – Disciplinary proceedings – Competence – Suspensions – Judicial review – Disclosure – Evidence – Compliance with legislation Menon v. College of Physicians and Surgeons of New Brunswick, [2008] N.B.J. No. 124, New Brunswick Court ...

The appeal by a pipeline owner (“TransCanada”) from a decision of the Alberta Energy and Utilities Board (the “Board”) concluding that the Board had jurisdiction over the pipeline because the pipeline supplied gas to or for the public, was dismissed where the Court found that the Gas Utilities Act provided the Board with the power to conduct an investigation of any matter concerning a gas utility

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Public interest – Powers to investigate – Natural resources – Natural gas – Distribution – Judicial review – Public utility – definition – Compliance with legislation – Jurisdiction of tribunal TransCanada Pipeline Ventures Ltd. v. Alberta (Energy and Utilities Board), [2008] A.J. ...

The appeal by a licensed practical nurse (“Coffey”) from a decision of a panel of the discipline committee of the College of Licensed Practical Nurses of Manitoba (the “College”) finding him guilty of professional misconduct and conduct unbecoming a licensed practical nurse was dismissed where the court found that the conduct in question involved solicitation that contained false, inaccurate and misleading information which was circulated outside of the membership

27. May 2008 0
Administrative law – Decisions of administrative tribunals – College of Licensed Practical Nurses – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Appeals – Judicial review – Standard of review – Reasonableness simpliciter – Evidence Coffey v. College of Licensed Practical Nurses of Manitoba, [2008] M.J. No. 116, ...

The appeal by Hastings Park Conservancy (“HPC”) from the dismissal of its petition for judicial review of a zoning by-law regarding the installation of slot machines at Hastings Race Course was dismissed

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Jurisdiction – Municipalities – Planning and zoning – Park land – By-laws – Judicial review – Procedural requirements and fairness – Standard of review – Correctness Hastings Park Conservancy v. Vancouver (City), [2008] B.C.J. No. 487, British Columbia Court of Appeal, March 20, 2008, ...