BC Supreme Court found Benchers improperly delegated their authority to the Law Society members the refusal to approve Trinity Western’s faculty of law program

25. January 2016 0
The Petitioners, a student and a University, successfully sought judicial review of a decision made by the Respondent (Law Society of British Columbia) to refuse approval for the University’s faculty of law program. Administrative law – Admission to profession – Approval process – Barristers and solicitors – Charter of Rights and Freedoms – Correctness – Decisions ...

Alberta Court held it had no jurisdiction to review the Law Enforcement Review Board’s decision to dismiss a constable

22. January 2016 0
The Applicant, Constable A., was unsuccessful in seeking judicial review of the Respondent Law Enforcement Police Board’s decision regarding her dismissal. Administrative law – Appeal Process – Compliance with legislation – Decisions of administrative tribunals – Judicial Review – Jurisdiction – Penalties and suspensions – Police – Police Review Board – Professional governance and discipline ...

Accountant had a duty to cooperate with the investigation of his governing body

22. January 2016 0
The Applicant accountant, Mr. Round, was unsuccessful in his application for judicial review relating to the decision made by his governing body (the Respondent, the Institute of Chartered Accountants). The Respondent had decided to initiate formal professional misconduct proceedings against him relating to his failure to cooperate with its investigation. Administrative law – Accountants – ...

The Appellant was unsuccessful in appealing a Chambers Judge’s decision that quashed his complaint to the Saskatchewan Human Rights Commission

23. October 2015 0
The Appellant veterinary student (Mr. Hebron) was unsuccessful in appealing a Chambers Judge’s decision.  On application by the Respondent University of Saskatchewan and the Associate Dean (Dr. Grahn), the Chambers Judge had quashed Mr. Hebron’s complaint to the Saskatchewan Human Rights Commission. Administrative law – Correctness – Decisions of administrative tribunals – Disability – Discrimination ...

A decision made by the Parole Board of Canada to refuse to grant an oral hearing and rely only on the written record to recommend laying criminal charges against the Applicant was found to have breached the principles of procedural fairness

23. October 2015 0
The Applicant, Ms. Gallone, successfully applied for judicial review in respect of a decision made by the Respondent Parole Board of Canada. The Parole Board had refused to grant an oral hearing and then relied on the written record to recommend the laying of a criminal charge against her. The Court held the Parole Board’s ...

The plaintiff homeowner (Mr. Glaspell) took issue with his neighbour’s construction of a dock and boathouse on Big Cedar Lake. Mr. Glaspell commenced an action against several parties. He then brought a partial motion for summary judgment against some of the defendants seeking declarations with respect to the regulation of docks and boathouses constructed on Ontario lakes. The Court held that the defendant (the Corporation of the Township of North Kawartha) did have jurisdiction to enact and apply by-laws to these structures. The Court also held that occupancy permits and work permits were necessary for these structures.

Administrative law – Decisions of administrative tribunals – Ministerial orders – Natural resources – Water – Municipalities – By-laws – Power to enact by-laws – Planning and zoning – Building permits – Judicial review – Compliance with legislation – Jurisdiction Glaspell v. Ontario (Minister of Municipal Affairs and Housing), [2015] O.J. No. 3246, 2015 ONSC 3965, Ontario ...

The Applicant Donald Chong unsuccessfully sought judicial review of the Respondent College’s decision to impose restrictions on his practice

Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Competence – Judicial review – Procedural requirements and fairness Chong v. College of Physicians and Surgeons, [2015] O.J. No. 1200, 2015 ONSC 922, Ontario Superior Court of Justice, March 12, 2015, G.B. Morawetz R.S.J., ...

The Applicant, the Government of Yukon, successfully sought judicial review of a decision of the Respondent, Licensed Practical Nurses Advisory Committee

Administrative law – Decisions of administrative tribunals – Licensed Practical Nurses – Nurses – Disciplinary proceedings – Competence – Complaints lacking merit – Judicial review – Compliance with legislation – Evidence – Burden of proof Yukon v. O.G., [2014] Y.J. No. 109, 2014 YKSC 52, Yukon Territory Supreme Court, October 24, 2014, C. Kenny J. ...

The appellant Loyola High School successfully appealed a decision of the respondent Minister of Education, Recreation and Sports. Loyola had been refused for an exemption so it had to implement a mandatory program on ethics and religious culture

Administrative law – Decisions of administrative tribunals – Ministerial orders – Judicial review – Schools and school boards – Charter of Rights and Freedoms – Freedom of Religion Loyola High School v. Quebec (Attorney General), [2015] S.C.J No. 12, 2015 SCC 12, Supreme Court of Canada, March 19, 2015, McLachlin C.J. and LeBel, Abella, Rothstein, ...