The appellant, Ms. Mitten, successfully appealed a Chambers decision which dismissed her originating notice. Her originating notice sought judicial review of the decision of the respondent College’s Discipline Committee, which upheld the Registrar’s decision to take no further action in respect of her complaint.

22. June 2010 0
Administrative law – Decisions of administrative tribunals – College of Psychologists – Investigations – Psychologists – Competence – Judicial review application – Judicial review – Availability – Standard of review – Correctness – Evidence – Compliance with legislation Mitten v. College of Alberta Psychologists, [2010] A.J. No. 545, 2010 ABCA 159, Alberta Court of Appeal, ...

The physician, Dr. Deep unsuccessfully brought an application for judicial review in respect of a decision of the respondent Ministry made in the year 2000. The application was dismissed due to undue delay.

22. June 2010 0
Administrative law – Decisions of administrative tribunals – Health Insurance Plan – Physicians and surgeons – Billing matters – Judicial review – Delay Deep v. Ontario, [2010] O.J. No. 1938, 2010 ONSC 2102, Ontario Superior Court of Justice, April 29, 2010, S.E. Greer, A.M. Molloy, and J. Mackinnon JJ. The applicant physician, Dr. Deep, brought ...

The Applicant Nurse (MacNeil) unsuccessfully applied for judicial review in respect of the Respondent College’s decision not to refer his matter to the Fitness to Practice Committee

27. April 2010 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Policies – Nurses – Disciplinary proceedings – Competence – Public interest – Judicial review – Compliance with legislation MacNeil v. College of Registered Nurses of Nova Scotia, [2010] N.S.J. No. 136, 2010 NSSC 83, Nova Scotia Supreme Court, March 4, 2010, S.M. Hood ...

The Association’s appeal was partially successful regarding the B.C. Supreme Court decision to set aside its decision denying Dr. Joshi’s application for admission. Dr. Joshi’s cross-appeal was dismissed.

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Professional governance and discipline – Licence to practice – Character evidence – Hearings – Appeals – Judicial review – Jurisdiction – Evidence – Delay – Procedural requirements and fairness – Natural justice Joshi v. British Columbia Veterinary Medical Association, [2010] B.C.J. No. ...

The Petitioner, Lavigne, unsuccessfully brought an application for judicial review in respect of a reconsideration decision of the Respondent’s Appeal Tribunal, which related to the calculation of her long-term disability pay

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Average earnings – method of calculation – Judicial review – Evidence – Natural justice – Hearings – Failure to hold a hearing Lavigne v. British Columbia (Workers’ Compensation Board), [2010] B.C.J. No. 447, 2010 BCSC 341, British Columbia Supreme Court, January ...

The Appellant facility was successful in arguing, on this appeal, that the Review Board’s disposition was unreasonable and in error because it failed to address the need for interim measures for the detainee, Mr. Rea. There was no practical remedy because the issue was moot.

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Review Board – Prisons – Transfer of inmates – Statutory provisions – Criminal Code – Mental health facility – Interim measures – Judicial review – Mootness Mental Health Centre Penetanguishene v. Ontario, [2010] O.J. No. 1044, 2010 ONCA 197, Ontario Court of Appeal, March 16, 2010, R.P. ...

The Appellant Police Officers unsuccessfully appealed the decision of the British Columbia Supreme Court, which had dismissed the Officers’ petitions for judicial review of a decision of the Respondent Commissioner. The Respondent Commissioner had rejected the Officers’ applications to quash Notices of Misconduct issued to the Officers.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Commission of Inquiry – Investigations – Jurisdiction to issue a complaint – Police – Royal Canadian Mounted Police – Professional misconduct / conduct unbecoming – Judicial review – Fresh evidence – admissibility – Standard of review – Correctness – Reasonableness simpliciter – Procedural requirements and fairness Canada ...

The Applicant (“Dr. Khan”) unsuccessfully brought an application for judicial review in respect of a recommendation made by the Respondent Hospital’s Executive Committee of the Board of Directors (the “Committee”). The Committee recommended that Dr. Khan’s hospital privileges be terminated.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Physicians and surgeons – Hospital privileges – Hearings – Conduct of hearings – Bias – Judicial review application – Striking out – Premature – Judicial review – Compliance with legislation – Jurisdiction Khan v. Scarborough General Hospital, [2009} O.J. No. 5437, Ontario Superior ...

The Applicant Tenant (the “Tenant”) succeeded on an application for judicial review in respect of a decision made by one of the Residential Tenancy Office’s Dispute Resolution Officers (the “DRO”). The DRO had decided the Tenant was properly evicted for cause by the Respondent Landlord.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Eviction – Conduct of tenant – Illegal activities – Criminal charges – Evidence – admissibility – past conduct – Hearings – Conduct of hearings – Judicial review – Procedural requirements and fairness Williams v. Holywell Properties, [2009] B.C.J. No. ...