The Ontario Supreme Court of Justice reaffirmed that unless a statue expressly provides otherwise, a complainant in a professional discipline case has no standing to challenge reasonableness; however the complainant may challenge the decision on procedural fairness. Administrative law – Decisions reviewed – College of Teachers – Judicial review – Standing – Procedural requirements and fairness – Standard of review – Reasonableness – Teachers – Professional misconduct or conduct unbecoming Fuchigami v Ontario College of Teachers (Investigation Committee), [2024] O.J. No. 73, 2024 ONSC 106, Onta ..read more

The Alberta Court of Appeal upheld the finding of unprofessional conduct for a veterinarian purchasing and failing to account for large quantities of a controlled substance and failing to cooperate in the investigation. Administrative law – Decisions reviewed – Association of Veterinarians – Judicial review – Appeals – Legislative compliance – Standard of review – Correctness – Veterinarians – Disciplinary proceedings Sahi v Alberta Veterinary Medical Association, [2023] A.J. No. 1350, 2023 ABCA 368, Alberta Court of Appeal, December 19, 2023, P.A. Rowbotham, A. Kirker and W.T. deWit JJ.A. The ..read more

The uncontroverted evidence on judicial review demonstrated that the landlords had not been provided with a copy of particulars of the tenants’ claim for compensation prior to a hearing at the Residential Tenancy Branch. The tenants had provided written particulars to the adjudicator. The factual issues raised in the particulars went to the core of the tenants’ claim and the adjudicator’s subsequent decision. The landlords were entitled to raise procedural fairness on judicial review despite not raising the issue before the adjudicator because the landlords could not reasonably have identified ..read more

Administrative law – Decisions reviewed – Municipal boards –  Judicial review – Procedural requirements and fairness – Mootness – Standard of review – Reasonableness – Municipalities – By-laws – Fire inspectors – Human rights – Charter of Rights and Freedoms Vandenberg v. Vancouver (City) Fire and Rescue Services, [2023] B.C.J. No. 2309, 2023 BCSC 2104, British Columbia Supreme Court, November 30, 2023, S. Matthews J. (In Chambers) The Applicant (Stephanie Vandenberg and Lenora Blue, hereinafter the “Applicant”) brought this petition for judicial review of the Fire Chief’s decision to ord ..read more

Administrative law – Decisions reviewed – School boards – Powers and duties – Judicial review – Procedural requirements and fairness – Bias – Standard of review – Reasonableness – Correctness – Human rights – Charter of Rights and Freedoms Burjoski v. Waterloo Region District School Board, [2023] O.J. No. 5341, 2023 ONSC 6506, Ontario Superior Court of Justice, November 29, 2023, E.M. Stewart, R.A. Lococo and H.J. Williams JJ. The applicant, Ms. Carolyn Burjoski (the “Applicant”), sought judicial review of a decision of the Waterloo Region District School Board (the “WRDSB”) to uphold the Chai ..read more

The Respondent, Alberta Utilities Commission, made a decision that prevented electrical utilities companies from earning a return on their mandated investments in electrical infrastructure. Four utilities companies successfully appealed the Commission’s decision to the Court of Appeal, on the basis the Commission breached its duty of procedural fairness. Administrative law – Decisions reviewed – Energy and Utilities Board – Judicial review – Legislative compliance – Procedural requirements and fairness – Standard of review – Correctness – Government – Electricity rates AltaLink Management Ltd ..read more

The Respondent Law Society’s Tribunal imposed an interim suspension on the Applicant, Ms. Deokaran, and ordered costs against her from that hearing. The Law Society’s Appeal Division denied her appeal. Ms. Deokaran was unsuccessful in applying for judicial review of these two decisions. Administrative law – Decisions reviewed – Law Societies – Permits and licences – Judicial review – Jurisdiction – Bias – Procedural requirements and fairness – Barristers and solicitors – Professional misconduct – Suspension Deokaran v. Law Society of Ontario, [2023] O.J. No. 5103, 2023 ONSC 5666, Ontario Super ..read more

Administrative law – Decisions reviewed – Minister of Fisheries and Oceans – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Fisheries – Licences – Permits – Aboriginal issues – Government’s duty to consult Grand Manan Fishermens Assn., Inc. v. Canada (Attorney General), [2023] F.C.J. No. 1514, 2023 FC 1418, Federal Court, October 25, 2023, R.F. Southcott J. Certain lobster fishing areas (LFAs) in the Atlantic Ocean are identified and regulated under the Atlantic Fisheries Regulations enacted under the Fisheries Act. They are divided into dif ..read more

Federal Court of Appeal upholds Federal Employment Board’s dismissal of a complaint that alleged abuse of authority in an internal appointment process Administrative law – Decisions reviewed – Employment and labour boards – Abuse of authority – Standard of review – Reasonableness – Employment – Appointment Ghafari v. Canada (Attorney General), [2023] F.C.J. No. 1452, 2023 FCA 206, Federal Court of Appeal, October 11, 2023, A.L. Mactavish, K.A.S. Monaghan and M. Biringer JJ.A. The applicant sought judicial review of a decision of the Federal Public Service Labour Relations and Employment Board ..read more

Court enjoins administrative body from enforcing newly enacted rule pending outcome of judicial review. Administrative law – Decisions reviewed – Insurance Council –  Remedies – Interlocutory injunctions FS Insurance Brokers, Inc. v. Insurance Council of British Columbia, [2023] B.C.J. No. 1345, 2023 BCSC 1190, British Columbia Supreme Court, July 11, 2023, F.M. Kirchner J. The petitioner insurance broker applied for an interlocutory injunction to enjoin the Insurance Council of British Columbia (the “Council”) from enforcing a newly enacted rule prohibiting insurance brokers from engagin ..read more