Posts tagged Procedural requirements and fairness

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Judicial Review is not a venue for vindication
Judicial Review is not a venue for vindication Administrative Law Blog Judicial Review is not a venue for vindication by Deanna Froese
February 27, 2024
A party may raise a procedural fairness issue for the first time on judicial review where that party could not reasonably have identified and raised the issue before the original decision-maker
A party may raise a procedural fairness issue for the first time on judicial review where that party could not reasonably have identified and raised the issue before the original decision-maker Administrative Law Blog A party may raise a procedural fairness issue for the first time on judicial review where that party could not reasonably have identified and raised the issue before the original decision-maker by Emilie LeDuc
January 30, 2024
The next time Vancouver’s Fire Chief seeks to remove the shelters the occupants of Hastings Block erect, procedural fairness demands that notice of this plan and an opportunity for the occupants to provide submissions to the Fire Chief must be provided
The next time Vancouver’s Fire Chief seeks to remove the shelters the occupants of Hastings Block erect, procedural fairness demands that notice of this plan and an opportunity for the occupants to provide submissions to the Fire Chief must be provided Administrative Law Blog The next time Vancouver’s Fire Chief seeks to remove the shelters the occupants of Hastings Block erect, procedural fairness demands that notice of this plan and an opportunity for the occupants to provide submissions to the Fire Chief must be provided by Renée Gagnon
January 30, 2024
Ontario Superior Court of Justice finds School Board appropriately balanced public member’s Charter right to freedom of expression with its bylaws in its decision to prevent further presentation on topics that it deemed could violate human rights legislation and its policies
Ontario Superior Court of Justice finds School Board appropriately balanced public member’s Charter right to freedom of expression with its bylaws in its decision to prevent further presentation on topics that it deemed could violate human rights legislation and its policies Administrative Law Blog Ontario Superior Court of Justice finds School Board appropriately balanced public member’s Charter right to freedom of expression with its bylaws in its decision to prevent further presentation on topics that it deemed could violate human rights legislation and its policies by Renée Gagnon
January 30, 2024
Utilities Commission breached its duty of procedural fairness when making a significant policy change without adequate notice of that potential change
Utilities Commission breached its duty of procedural fairness when making a significant policy change without adequate notice of that potential change Administrative Law Blog Utilities Commission breached its duty of procedural fairness when making a significant policy change without adequate notice of that potential change by Scott J. Marcinkow*
December 27, 2023
No breach of procedural fairness where a lawyer had an opportunity to provide submissions on costs, but did not do so
No breach of procedural fairness where a lawyer had an opportunity to provide submissions on costs, but did not do so Administrative Law Blog No breach of procedural fairness where a lawyer had an opportunity to provide submissions on costs, but did not do so by Scott J. Marcinkow*
December 27, 2023
Fishing association did not have standing to advance argument that Minister of Fisheries and Oceans breached its constitutional duty to consult with Indigenous stakeholders before making decision to geographically divide a lobster fishing area in Atlantic Ocean
Fishing association did not have standing to advance argument that Minister of Fisheries and Oceans breached its constitutional duty to consult with Indigenous stakeholders before making decision to geographically divide a lobster fishing area in Atlantic Ocean Administrative Law Blog Fishing association did not have standing to advance argument that Minister of Fisheries and Oceans breached its constitutional duty to consult with Indigenous stakeholders before making decision to geographically divide a lobster fishing area in Atlantic Ocean by Kara Hill
December 27, 2023
Application for judicial review of a human rights tribunal decision was dismissed because the tribunal’s decision showed a rational chain of analysis
Application for judicial review of a human rights tribunal decision was dismissed because the tribunal’s decision showed a rational chain of analysis Administrative Law Blog Application for judicial review of a human rights tribunal decision was dismissed because the tribunal’s decision showed a rational chain of analysis by JoAnne Barnum
November 29, 2023
City of Toronto meets procedural fairness obligations under Fair Wage Policy
City of Toronto meets procedural fairness obligations under Fair Wage Policy Administrative Law Blog City of Toronto meets procedural fairness obligations under Fair Wage Policy by Joel A. Morris*
November 29, 2023
Judge upholds $500,000 penalty for failure to comply with the Container Trucking Act
Judge upholds $500,000 penalty for failure to comply with the Container Trucking Act Administrative Law Blog Judge upholds $500,000 penalty for failure to comply with the Container Trucking Act by Deanna Froese
November 29, 2023
When breaches of procedural fairness can be cured by a de novo appeal, there is no sound reason for a judicial review to consider issues arising from the procedural fairness of the decision at first instance
When breaches of procedural fairness can be cured by a de novo appeal, there is no sound reason for a judicial review to consider issues arising from the procedural fairness of the decision at first instance Administrative Law Blog When breaches of procedural fairness can be cured by a de novo appeal, there is no sound reason for a judicial review to consider issues arising from the procedural fairness of the decision at first instance by Renée Gagnon
October 20, 2023
The Respondent, a pharmacist, had his license cancelled by the Appellant College of Pharmacists. The pharmacist successfully appealed this decision to a judge of the Manitoba Court of Queen’s Bench. The College was unsuccessful in appealing the judge’s decision to the Manitoba Court of Appeal
The Respondent, a pharmacist, had his license cancelled by the Appellant College of Pharmacists. The pharmacist successfully appealed this decision to a judge of the Manitoba Court of Queen’s Bench. The College was unsuccessful in appealing the judge’s decision to the Manitoba Court of Appeal Administrative Law Blog The Respondent, a pharmacist, had his license cancelled by the Appellant College of Pharmacists. The pharmacist successfully appealed this decision to a judge of the Manitoba Court of Queen’s Bench. The College was unsuccessful in appealing the judge’s decision to the Manitoba Court of Appeal by Scott J. Marcinkow*
September 27, 2023
The Law Society of Ontario can refuse a licence application after the licence has already been issued where the applicant made a false or misleading representation on the application
The Law Society of Ontario can refuse a licence application after the licence has already been issued where the applicant made a false or misleading representation on the application Administrative Law Blog The Law Society of Ontario can refuse a licence application after the licence has already been issued where the applicant made a false or misleading representation on the application by Emilie LeDuc
September 27, 2023
Airbnb succeeds in quashing IPC’s order concerning public disclosure of Vancouver hosts’ personal addresses as potential risks of disclosure not reasonably considered
Airbnb succeeds in quashing IPC’s order concerning public disclosure of Vancouver hosts’ personal addresses as potential risks of disclosure not reasonably considered Administrative Law Blog Airbnb succeeds in quashing IPC’s order concerning public disclosure of Vancouver hosts’ personal addresses as potential risks of disclosure not reasonably considered by Kara Hill
August 29, 2023
Procedural Fairness in Reconsideration Decisions
Procedural Fairness in Reconsideration Decisions Administrative Law Blog Procedural Fairness in Reconsideration Decisions by Ellie Einarson
August 29, 2023
Court addresses application of principles governing judicial discipline
Court addresses application of principles governing judicial discipline Administrative Law Blog Court addresses application of principles governing judicial discipline by Joel A. Morris*
July 25, 2023
The Applicant, a Justice of the Peace, unsuccessfully sought judicial review of a decision from the Respondent, Justices of the Peace Review Council. The Council found her guilty of judicial misconduct and recommended that she be removed from judicial office Administrative Law Blog The Applicant, a Justice of the Peace, unsuccessfully sought judicial review of a decision from the Respondent, Justices of the Peace Review Council. The Council found her guilty of judicial misconduct and recommended that she be removed from judicial office by Scott J. Marcinkow*
June 20, 2023
Landlord who failed to move into her condo after evicting her tenant due to a change of moving plans arising out of the COVID-19 pandemic was ordered to pay the tenant a full year’s rent in compensation
Landlord who failed to move into her condo after evicting her tenant due to a change of moving plans arising out of the COVID-19 pandemic was ordered to pay the tenant a full year’s rent in compensation Administrative Law Blog Landlord who failed to move into her condo after evicting her tenant due to a change of moving plans arising out of the COVID-19 pandemic was ordered to pay the tenant a full year’s rent in compensation by Kara Hill
May 16, 2023
HRT’s decision to summarily dismiss complaint set aside in part because of its failure to consider new medical evidence about complainant’s diagnosis that had been provided after the employer’s impugned decisions had been made
HRT’s decision to summarily dismiss complaint set aside in part because of its failure to consider new medical evidence about complainant’s diagnosis that had been provided after the employer’s impugned decisions had been made Administrative Law Blog HRT’s decision to summarily dismiss complaint set aside in part because of its failure to consider new medical evidence about complainant’s diagnosis that had been provided after the employer’s impugned decisions had been made by Kara Hill
May 16, 2023
Decision by the Health Professions Review Board was set aside on the basis that the panel chair’s findings on the adequacy of the underlying investigation were patently unreasonable and the registrar’s underlying dispositions were reasonable
Decision by the Health Professions Review Board was set aside on the basis that the panel chair’s findings on the adequacy of the underlying investigation were patently unreasonable and the registrar’s underlying dispositions were reasonable Administrative Law Blog Decision by the Health Professions Review Board was set aside on the basis that the panel chair’s findings on the adequacy of the underlying investigation were patently unreasonable and the registrar’s underlying dispositions were reasonable by JoAnne Barnum
May 16, 2023
Landlord and Tenant Board’s decision to order a de novo hearing following the departure of their panel member was procedurally unfair in the circumstances
Landlord and Tenant Board’s decision to order a de novo hearing following the departure of their panel member was procedurally unfair in the circumstances Administrative Law Blog Landlord and Tenant Board’s decision to order a de novo hearing following the departure of their panel member was procedurally unfair in the circumstances by JoAnne Barnum
May 16, 2023
Judicial review of a decision of the Civil Resolution Tribunal (“CRT”) in the exercise of its jurisdiction over strata property disputes
Judicial review of a decision of the Civil Resolution Tribunal (“CRT”) in the exercise of its jurisdiction over strata property disputes Administrative Law Blog Judicial review of a decision of the Civil Resolution Tribunal (“CRT”) in the exercise of its jurisdiction over strata property disputes by Deanna Froese
April 18, 2023
Denied again – BC Court of Appeal dismisses second appeal from CRT decision Administrative Law Blog Denied again – BC Court of Appeal dismisses second appeal from CRT decision by Scott J. Marcinkow*
April 18, 2023
BC Supreme Court finds that if an administrative decision-maker is going to veer off its typical course in a decision, it needs to provide sufficient reasons to explain and justify its departure from the norm
BC Supreme Court finds that if an administrative decision-maker is going to veer off its typical course in a decision, it needs to provide sufficient reasons to explain and justify its departure from the norm Administrative Law Blog BC Supreme Court finds that if an administrative decision-maker is going to veer off its typical course in a decision, it needs to provide sufficient reasons to explain and justify its departure from the norm by Renée Gagnon
February 21, 2023
Judicial Review of Business Licensing Decision
Judicial Review of Business Licensing Decision Administrative Law Blog Judicial Review of Business Licensing Decision by Ellie Einarson
January 17, 2023
University Held to Task on Procedural Fairness
University Held to Task on Procedural Fairness Administrative Law Blog University Held to Task on Procedural Fairness by Roshni Veerapen
January 17, 2023
Administrative Law Blog Court dismisses appeal of physician seeking to overturn decision to not renew privileges August 16, 2022
Administrative Law Blog Court dismisses two appeals arguing that the LAT was biased and denied procedural fairness August 16, 2022
No Inordinate Delay for “Unbecoming” Saskatchewan Lawyer
No Inordinate Delay for “Unbecoming” Saskatchewan Lawyer Administrative Law Blog No Inordinate Delay for “Unbecoming” Saskatchewan Lawyer by Roshni Veerapen
August 16, 2022
Petition for judicial review struck as improper attack on administrative proceedings
Petition for judicial review struck as improper attack on administrative proceedings Administrative Law Blog Petition for judicial review struck as improper attack on administrative proceedings by Joel A. Morris*
July 19, 2022
Two options to calculate compensation in lieu of reinstatement after unjust dismissal Administrative Law Blog Two options to calculate compensation in lieu of reinstatement after unjust dismissal by Scott J. Marcinkow*
July 19, 2022
Stay in your own lane: when asked to review a decision of an administrative tribunal, the Court ought to decline jurisdiction where there is another process available that is more appropriate to the adjudication of the claim
Stay in your own lane: when asked to review a decision of an administrative tribunal, the Court ought to decline jurisdiction where there is another process available that is more appropriate to the adjudication of the claim Administrative Law Blog Stay in your own lane: when asked to review a decision of an administrative tribunal, the Court ought to decline jurisdiction where there is another process available that is more appropriate to the adjudication of the claim by Mollie Clark
June 21, 2022
You make the rules, or else you have to play fair: a society is entitled to create its own procedures, and in doing so may violate some principles of natural justice, as long as it does so expressly in its bylaws
You make the rules, or else you have to play fair: a society is entitled to create its own procedures, and in doing so may violate some principles of natural justice, as long as it does so expressly in its bylaws Administrative Law Blog You make the rules, or else you have to play fair: a society is entitled to create its own procedures, and in doing so may violate some principles of natural justice, as long as it does so expressly in its bylaws by Mollie Clark
June 21, 2022
Administrative Law Blog Court upholds decision of the WCAT dismissing appeal for the failure to file claim application within the one-year limitation period June 21, 2022
Administrative Law Blog Court dismisses appeal from an LTB decision on the grounds that there was no procedural unfairness or injustice in the result June 21, 2022
Disgruntled Strata Owner Takes a Loss
Disgruntled Strata Owner Takes a Loss Administrative Law Blog Disgruntled Strata Owner Takes a Loss by Roshni Veerapen
May 17, 2022
Small Town Politics Gone Astray – Mayor denied procedural fairness after veiled attempted by Council to censure
Small Town Politics Gone Astray – Mayor denied procedural fairness after veiled attempted by Council to censure Administrative Law Blog Small Town Politics Gone Astray – Mayor denied procedural fairness after veiled attempted by Council to censure by Adam R. Way
May 17, 2022
Public Sector Integrity Commissioner of Canada’s decision to refuse investigation into Canadian embassy involvement in foreign mining operations and criminal activity reasonable Administrative Law Blog Public Sector Integrity Commissioner of Canada’s decision to refuse investigation into Canadian embassy involvement in foreign mining operations and criminal activity reasonable by Joel A. Morris*
March 15, 2022
No harm, no foul. Where a breach of procedural fairness has been established, the Court will not find there was a reviewable error unless the breach affected the outcome
No harm, no foul. Where a breach of procedural fairness has been established, the Court will not find there was a reviewable error unless the breach affected the outcome Administrative Law Blog No harm, no foul. Where a breach of procedural fairness has been established, the Court will not find there was a reviewable error unless the breach affected the outcome by Mollie Clark
February 22, 2022
I take it back! In certain circumstances, an administrative body can correct a breach in procedural fairness by reopening the relevant decision
I take it back! In certain circumstances, an administrative body can correct a breach in procedural fairness by reopening the relevant decision Administrative Law Blog I take it back! In certain circumstances, an administrative body can correct a breach in procedural fairness by reopening the relevant decision by Mollie Clark
February 22, 2022
The case of the missing dollar: Arbitrator’s decision found procedurally unfair after reversing burden of proof
The case of the missing dollar: Arbitrator’s decision found procedurally unfair after reversing burden of proof Administrative Law Blog The case of the missing dollar: Arbitrator’s decision found procedurally unfair after reversing burden of proof by Adam R. Way
February 22, 2022
Expression of preliminary findings by an administrative body does not necessarily indicate a reasonable apprehension of bias Administrative Law Blog Expression of preliminary findings by an administrative body does not necessarily indicate a reasonable apprehension of bias by Deanna Froese
January 25, 2022
Jurisdiction and process do matter; police sergeant wins case against the Police Complaint Commissioner Administrative Law Blog Jurisdiction and process do matter; police sergeant wins case against the Police Complaint Commissioner by Scott J. Marcinkow*
January 25, 2022
Administrative Law Blog Federal Court of Appeal upholds decision that the Minister of Health did not deny the appellant procedural fairness in refusing a natural health product license December 21, 2021
Is a business licence being renewed, revoked or granted? Turns out it matters
Is a business licence being renewed, revoked or granted? Turns out it matters Administrative Law Blog Is a business licence being renewed, revoked or granted? Turns out it matters by Adam R. Way
December 21, 2021
Saskatchewan Court of Appeal holds University of Saskatchewan Council was bound by their own internal regulations and failure to follow the regulations in this instance lead to a finding of a denial of procedural fairness Administrative Law Blog Saskatchewan Court of Appeal holds University of Saskatchewan Council was bound by their own internal regulations and failure to follow the regulations in this instance lead to a finding of a denial of procedural fairness by Deanna Froese
November 16, 2021
Finding of professional misconduct reversed on basis that College failed to specific elements of allegation in citation Administrative Law Blog Finding of professional misconduct reversed on basis that College failed to specific elements of allegation in citation by Joel A. Morris*
October 19, 2021
That’s reasonable, right? The standard of review regarding questions of procedural fairness met by an administrative decision maker is not correctness, but rather whether the standard of fairness required by the common law has been met
That’s reasonable, right? The standard of review regarding questions of procedural fairness met by an administrative decision maker is not correctness, but rather whether the standard of fairness required by the common law has been met Administrative Law Blog That’s reasonable, right? The standard of review regarding questions of procedural fairness met by an administrative decision maker is not correctness, but rather whether the standard of fairness required by the common law has been met by Mollie Clark
September 21, 2021
College’s decision to terminate physician’s assessment was reasonable given concerns about patient safety
College’s decision to terminate physician’s assessment was reasonable given concerns about patient safety Administrative Law Blog College’s decision to terminate physician’s assessment was reasonable given concerns about patient safety by JoAnne Barnum
September 21, 2021
Government employee attacks internal hiring decision without success Administrative Law Blog Government employee attacks internal hiring decision without success by Scott J. Marcinkow*
August 17, 2021
Court upholds penalties for a City Councillor who sexually harassed a colleague Administrative Law Blog Court upholds penalties for a City Councillor who sexually harassed a colleague by Scott J. Marcinkow*
August 17, 2021
Administrative Law Blog Prevented from being able to practice: Ontario Court allowed an appeal from a decision of the registration committee of the Ontario Association of Architects granting the appellant a license but refusing to reinstate his certificate of practice July 20, 2021
Judicial review prior to conclusion of administrative proceeding not allowed on allegation of bias alone
Judicial review prior to conclusion of administrative proceeding not allowed on allegation of bias alone Administrative Law Blog Judicial review prior to conclusion of administrative proceeding not allowed on allegation of bias alone by JoAnne Barnum
May 18, 2021
Off duty conduct must be carefully assessed before concluding it warrants disciplinary action Administrative Law Blog Off duty conduct must be carefully assessed before concluding it warrants disciplinary action by Scott J. Marcinkow*
April 20, 2021
A principal’s isolated misconduct did not justify a demotion Administrative Law Blog A principal’s isolated misconduct did not justify a demotion by Scott J. Marcinkow*
April 20, 2021
It’s all relative – what it takes for a decision maker to discharge its duty of procedural fairness depends on a determination of the level of procedural fairness required in the specific circumstances Administrative Law Blog It’s all relative – what it takes for a decision maker to discharge its duty of procedural fairness depends on a determination of the level of procedural fairness required in the specific circumstances by Mollie Clark
April 20, 2021
The standard of review for jurisdictional questions under the Manufactured Home Park Tenancy Act is patent unreasonableness Administrative Law Blog The standard of review for jurisdictional questions under the Manufactured Home Park Tenancy Act is patent unreasonableness by Deanna Froese
February 16, 2021
Reasonable for panel to sanction medical student for leaving medical records in a dumpster
Reasonable for panel to sanction medical student for leaving medical records in a dumpster Administrative Law Blog Reasonable for panel to sanction medical student for leaving medical records in a dumpster by JoAnne Barnum
February 16, 2021
Procedural fairness requires notice of potential timeliness issues Administrative Law Blog Procedural fairness requires notice of potential timeliness issues by JoAnne Barnum
February 16, 2021
Court confirms no breach of procedural fairness rights in party not being able to cross-examine witness when party had not specifically requested to do so
Court confirms no breach of procedural fairness rights in party not being able to cross-examine witness when party had not specifically requested to do so Administrative Law Blog Court confirms no breach of procedural fairness rights in party not being able to cross-examine witness when party had not specifically requested to do so by Kara Hill
January 19, 2021
You don’t get a second kick at the can – all evidence and issues one wishes to raise within administrative proceedings should be raised with the administrative decision-maker and may be disregarded by reviewing courts Administrative Law Blog You don’t get a second kick at the can – all evidence and issues one wishes to raise within administrative proceedings should be raised with the administrative decision-maker and may be disregarded by reviewing courts by Mollie Clark
January 19, 2021