What do the residents have to say? Local Government required to gather the views of residents when providing recommendations to the Liquor and Cannabis Regulation Branch for proposed non-medical cannabis establishment

20. October 2020 0
Administrative law – Decisions reviewed – Municipal boards – Licensing – By-laws – Resolutions – Judicial review – Legislative compliance – Standard of review – Unreasonableness Pendergast v. Sidney (Town), [2020] B.C.J. No. 1130, 2020 BCSC 1049, British Columbia Supreme Court, July 15, 2020, J.A. Power J. The Court concluded that the Town of Sidney ...

Regulators be warned; if you take too long, your case could be dismissed

20. October 2020 0
Administrative law – Decisions reviewed – Law Societies – Abuse of process – Judicial review – Appeals – Procedural requirements and fairness – Compliance with legislation – Stay of proceedings – Delay – Standard of review – Correctness – Barristers and solicitors – Disciplinary proceedings – Professional misconduct Abrametz v. Law Society of Saskatchewan, [2020] ...

Where a matter is remitted for reconsideration, statutory decision maker is presumed to give full weight to the decision of the reviewing court

15. September 2020 0
Administrative law – Decisions reviewed – Dental Board Association and College – Judicial review – Appeals – Standard of review – Reasonableness – Dentist – Professional misconduct or conduct unbecoming – Law of reconsideration Zuk v. Alberta Dental Association and College, [2020] A.J. No. 500, 2020 ABCA 162, Alberta Court of Appeal, April 29, 2020, B.K. ...

Regulatory body can appoint administrator to provide oversight during investigation into police misconduct

15. September 2020 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming – Public interest Durham Police Service v. Ontario Civilian Police Commission, [2020] O.J. No. 1490, 2020 ONSC 1116, Ontario Superior Court of Justice, April 6, 2020, ...

Civil Resolution Tribunal’s decision to limit the involvement of lawyers was considered unreasonable by the BC Court of Appeal

15. September 2020 0
Administrative law – Decisions reviewed – Civil Resolution Tribunal – Judicial review – Appeals – Legislative compliance – Standard of review – Reasonableness – Condominiums – Strata corporations – Jurisdiction of court Strata Plan NW 2575 v. Booth, [2020] B.C.J. No. 865, 2020 BCCA 153, British Columbia Court of Appeal, May 28, 2020, M.V. Newbury, ...

The issuance of a building permit was unreasonable because the drawings were not made in compliance with the Architects Act

15. September 2020 0
Administrative law – Decisions reviewed – Municipal Board – Rules and by-laws – Building permits – Judicial review – Legislative compliance – Public interest – Standard of review – Reasonableness – Engineers and architects Architectural Institute of British Columbia v. Langford (City), [2020] B.C.J. No. 886, 2020 BCSC 801, British Columbia Supreme Court, May 29, ...

That was yesterday, and yesterday’s gone – the Vavilov decision does not invite us to return to an era where “patent unreasonableness” is given a meaning beyond “reasonableness”

18. August 2020 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Gender – Private clubs – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness Intercounty Tennis Association v. Ontario (Human Rights Tribunal), [2020] O.J. No. 1473, 2020 ONSC 1632, Ontario Superior Court of Justice, April 7, 2020, H.E. Sachs, N.L. ...

City’s unreasonable decision to void a building permit on the basis that no construction activities had occurred

18. August 2020 0
Administrative law – Decisions reviewed – Municipal boards – By-laws – Building permits – Agricultural Land Reserve – Judicial review – Legislative compliance – Evidence, admissibility – Standard of review – Reasonableness Minster Enterprises Ltd. v. Richmond (City), [2020] B.C.J. No. 495, 2020 BCSC 455, British Columbia Supreme Court, March 30, 2020, Crerar J. The ...

Tribunal members’ questions and comments during discipline hearing demonstrate reasonable apprehension of bias

21. July 2020 0
Administrative law – Decisions reviewed – Institute of Chartered Accountants; Judicial review – Reasonable apprehension of bias – Natural justice – Procedural requirements and fairness – Appeals; Accountants – Professional misconduct or conduct unbecoming Yee v. Chartered Professional Accountants of Alberta, [2020] A.J. No. 291, 2020 ABCA 98, Alberta Court of Appeal, March 6, 2020, ...