A successful appeal by a physician (Dr. Swart) with respect to the Respondent College’s decision that he was unfit to practice

24. February 2015 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Physicians and Surgeons – Disciplinary proceedings – Competence – Professional misconduct / conduct unbecoming – Penalties – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Reasonableness simpliciter Swart v. College of Physicians and ...

The Appellants (Mr. Katsoulakos and Micro City Engineering Services Inc.) successfully appealed a decision of the Respondent, the Association of Professional Engineers of Ontario. The decision found that the Appellants were guilty of professional misconduct in respect of their work designing a manure tank for a dairy farm.

25. November 2014 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Professional misconduct / conduct unbecoming – Competence – Disciplinary proceedings – Judicial review – Appeals – Procedural requirements and fairness – Notice – Evidence – Judicial notice Katsoulakos v Assn. of Professional Engineers of Ontario, [2014] O.J. No. 4430, 2014 ...

The Court allowed a petition brought by the College of Dental Surgeons of British Columbia. The College took issue with a decision of the Respondent, Health Professions Review Board relating to Dr. Ronald Scammell’s treatment for Ms. Patsy McConville.

25. November 2014 0
Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Investigations – Health Professions Review Board – Dentists – Disciplinary proceedings – Competence – Judicial review – Standard of review – Patent unreasonableness – Jurisdiction College of Dental Surgeons of British Columbia v. Health Professions Review Board, [2014] B.C.J. No. 2443, 2014 ...

The Appellant (Mr. Ayangma) unsuccessfully appealed a decision of the Supreme Court of PEI. The Supreme Court had refused Mr. Ayangma’s application for judicial review relating to a decision of the PEI Human Rights Commission. The PEI Human Rights Commission had dismissed Mr. Ayangma’s complaint relating to his job application for the Respondent (Canada Health Infoway Inc.).

26. August 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Employment law – Appointment – Judicial review – Evidence – Standard of review – Reasonableness simpliciter – Correctness – Stare decisis Ayangma v Prince Edward Island (Human Rights Commission), [2014] P.E.I.J. No. 33, 2014 PECA 13, Prince ...

The Applicant (Mr. Plotkine) unsuccessfully sought leave to appeal a decision of the Ontario Municipal Board. The Board had permitted 10 variances for the Respondent neighbours (Allan and Susan Seidenfeld) to build a home that did not comply with the building code.

26. August 2014 0
Administrative law – Decisions of administrative tribunals – Municipal boards – Municipalities – Planning and zoning – Variance orders – Judicial review – Appeals – Parties – Standing – Failure to provide reasons – Evidence Plotkine v Seidenfeld, [2014] O.J. No. 3375, 2014 ONSC 4157, Ontario Superior Court of Justice, July 16, 2014, T.R. Lederer ...

The applicant lawyer unsuccessfully applied to have his license to practice reinstated. The applicant then unsuccessfully applied for judicial review of the respondent Law Society’s decision to refuse reinstatement.

26. August 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct / conduct unbecoming – Penalties and suspensions – Disbarment – Restoration of membership – Judicial review – Standard of review – Reasonableness simpliciter Anhang v Law Society of Manitoba, [2014] M.J. No. 196, 2014 MBQB 140, Manitoba Court ...

The applicant landlord unsuccessfully sought leave to appeal a decision of the Residential Tenancies Commission which required him to pay compensation to the respondent tenants

27. May 2014 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Termination – Judicial review – Appeals – Leave to appeal – Compliance with legislation – Hearings – Procedural requirements and fairness Chong v. Wan, [2014] M.J. No. 97, 2014 MBCA 35, Manitoba Court of Appeal, April 16, 2014, B.M. ...

The Applicants (individual practitioners and their Association) were unsuccessful in challenging the Respondent Council’s registration regulation relating to the practice of Traditional Chinese Medicine

25. March 2014 0
Administrative law – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Governance – Self-governing professions – Charter of Rights and Freedoms – Judicial review – Compliance with legislation – Legislation – Ultra vires Yuan v. Transitional Council of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario, [2014] O.J. ...

The Applicant Optometrist was unsuccessful in seeking judicial review of the Respondent College’s decision not to disclose an expert opinion to him before deciding to refer a complaint to its hearing committee

25. March 2014 0
Administrative law – Decisions of administrative tribunals – College of Optometrists – Optometrists – Professional governance and discipline – Disciplinary proceedings – Competence – Hearings – Disclosure – Evidence – Judicial review – Investigations – Procedural requirements and fairness Levesque v. Nova Scotia College of Optometrists, [2014] N.S.J. No. 28, 2014 NSSC 22, Nova Scotia ...