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Posts categorized Administrative Law Blog
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Administrative Law Blog
“In approaching assertions of Cabinet confidentiality, administrative decision makers and reviewing courts must be attentive not only to the vital importance of public access to government-held information but also to Cabinet secrecy’s core purpose of enabling effective government, and its underlying rationales of efficiency, candour, and solidarity.” – Justice Karakatsanis writing for the majority
by Aynsley Severide
March 19, 2024
March 19, 2024
Administrative Law Blog
Judicial Review is not a venue for vindication
by Deanna Froese
February 27, 2024
February 27, 2024
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
January 30, 2024
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
January 30, 2024
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
December 27, 2023
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
September 27, 2023
Administrative Law Blog
The applicant/appellant physician, Dr. Fialkov, was unsuccessful in seeking judicial review of a decision made by the Health Services Appeal and Review Board (HPARB). The HPARB dismissed Dr. Fialkov’s appeal from a decision of the Ministry of Health. The Ministry had decided that Dr. Fialkov improperly charged a patient for an insured service
by Scott J. Marcinkow*
September 27, 2023
September 27, 2023
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
June 20, 2023
Administrative Law Blog
Judicial Review of Business Licensing Decision
by Ellie Einarson
January 17, 2023
January 17, 2023
Administrative Law Blog
University Held to Task on Procedural Fairness
by Roshni Veerapen
January 17, 2023
January 17, 2023
Administrative Law Blog
Physician’s application for review of the College’s decision to first restrict her practice then suspend her was dismissed. The physician’s patients were held to not have standing in the proceedings and a publication ban over certain information was granted
by JoAnne Barnum
December 20, 2022
December 20, 2022
Administrative Law Blog
Court of Appeal agrees it was not patently unreasonable for BC Human Rights Tribunal to summarily dismiss appellant’s discrimination complaint following his termination for using dating apps to hook up with male students on campus where he worked
by Kara Hill
November 15, 2022
November 15, 2022
Administrative Law Blog
Small claims action dismissed after claimant’s failure to appear at settlement conference due to not seeing the notice of settlement conference in the mail during its COVID-related closure. Application to set that dismissal order aside was brought several months later and dismissed due to claimant’s lack of diligence
by Kara Hill
November 15, 2022
November 15, 2022
Administrative Law Blog
Fair is fair: where statutory interpretation is the core issue decided upon following written and oral submissions, it is not procedurally unfair for the decision maker to rely on a particular term contained in the regulations being interpreted about which submissions were not specifically made
by Mollie Clark
December 21, 2021
December 21, 2021
Administrative Law Blog
There are no shortcuts to judicial review: judicial review will not be available where there is an adequate alternative remedy. A limited right of appeal from decisions of an administrative body to the Court constitutes an adequate alternative remedy
by Mollie Clark
December 21, 2021
December 21, 2021
Administrative Law Blog
It’s all fair game: the scope of an investigation ordered pursuant to British Columbia Law Society Rule 4-55 encompasses a broad investigation of the member’s entire legal practice and is not limited to the concerns that triggered the investigation
by Mollie Clark
July 20, 2021
July 20, 2021