Balancing Charter Rights

17. September 2019 0
Where Charter values are engaged in an administrative decision, Charter values do not have to be perfectly balanced; however other avenues and options must be considered in order for the decision to be justifiable, transparent and intelligible. Administrative law – Decisions reviewed – Elections Officer – Charter of Rights and Freedoms – Discrimination – Judicial review – ...

Procedural Fairness and the Duty to Disclose

17. September 2019 0
Where information that is central to a complaint forms the basis for a report prepared by an investigator of the Canadian Human Rights Commission, this information must be disclosed to the complainant. It is not sufficient to provide a summary of the information to the complainant in a report. The duty to disclose is high ...

Federal Court Of Appeal upholds lower court’s decision that Transport Canada Delegate Authority did not breach duty of procedural fairness in cancelling transportation security clearance on basis of past criminal charges

17. September 2019 0
Self-represented individuals engaged in an administrative process must be given a fair and meaningful opportunity to respond, meaning they must be given all the necessary information to enable a reasonable person to participate in the process. That standard is not subjective. Whether one did not in fact properly use such an opportunity because one failed ...

BC Supreme Court overturns Privacy Commissioner decision that records containing the total legal costs of ongoing litigation were producible on the basis that the presumption of privilege had been rebutted

17. September 2019 0
A litigant’s records with respect to total legal costs amid ongoing litigation are presumptively privileged and not disclosable under section 56 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996. The presumption is rebuttable upon the party requesting the information showing that an assiduous inquirer could not deduce, infer, or otherwise acquire ...

Complaint Dismissed: What can the BC Human Rights Tribunal consider when dismissing a complaint on the basis that it “would not further the purpose of this Code”

20. August 2019 0
The court considered the scope of the authority of the BC Human Rights Tribunal to take into account the results of a separate workplace proceeding when deciding to dismiss a complaint under the Human Rights Code pursuant to section 27(1)(d)(ii). Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Appeals – Application ...

Pharmacists Professional Misconduct: The scope of conditions a Discipline Committee can impose when there is a finding of professional misconduct

20. August 2019 0
The court considered the nature of the conditions the Discipline Committee of the Ontario College of Pharmacists can impose when there has been a finding of professional misconduct. The court found the Discipline Committee had the authority to limit the ability of a pharmacist to act as a director of a corporation or hold other ...

Court of Appeal upholds Law Society’s significant fine and suspension against lawyer with repeat infractions

20. August 2019 0
The Court of Appeal upheld the Law Society Hearing Committee’s imposition of a six month suspension and $40,000 fine on the basis that the penalty was not unreasonable in light of the appellant’s history of 16 findings of misconduct in the preceding 20 years. Administrative law – Decisions reviewed – Law societies – Judicial review – ...

Errors in review of medical record lead to decision of ICRC being set aside

20. August 2019 0
Superior Court overturns decision of the Health Professions Appeal and Review Board on the basis that the ICRC fundamentally erred in its review of the medical record. Administrative law – Decisions reviewed – Health Professions Appeal and Review Board – Judicial review – Standard of review – Reasonableness – Physicians and surgeons – Competence Montour v. Ontario ...

A decision to grant or refuse public interest standing is a discretionary decision and is afforded appellate deference. The Court of Appeal affirmed the chambers judge decision, finding that the chambers judge correctly identified and expressly addressed each of the applicable factors when exercising his discretion to decide not to grant public interest standing to the appellants.

Administrative law – Judicial review – Standing – Parties – Appeals Zoocheck Canada Inc. v. Alberta (Minister of Agriculture and Forestry), [2019] A.J. No. 666, 2019 ABCA 208, Alberta Court of Appeal, May 24, 2019, B.K. O’Ferrall, T.W. Wakeling and J. Strekaf JJ.A. The applicants’ concern was with the care of an elephant named Lucy, ...

Court determined that limitation period for judicial review of administrative decisions in New Brunswick begins when the affected parties are notified of the decision or when there is “public availability” of the decision, not from the date of the decision itself.

Administrative law – Decisions reviewed – Human Rights Commission – Judicial review – Application – Appeals – Limitations Laliberté v. Kedgwick (Rural Community), [2019] N.B.J. No. 116, 2019 NBCA 38, New Brunswick Court of Appeal, May 16, 2019, J.C.M. Richard, M.E.L. Larlee and K.A. Quigg JJ.A. In New Brunswick, judicial review of administrative action is governed ...