Exploring the scope of solicitor-client privilege

17. December 2019 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Standard of review – Correctness – Solicitor-client privilege British Columbia (Minister of Justice) v. British Columbia (Information and Privacy Commissioner), [2019] B.C.J. No. 1973, 2019 BCSC 1787, British Columbia Supreme ...

Reasonableness and processes related to the home statute

17. December 2019 0
Administrative law – Decisions reviewed – Utility and Review Board – Statutory interpretation – Judicial review – Procedural requirements and fairness – Jurisdiction – Appeals – Standard of review – Reasonableness – Government – Municipal boards Cape Breton (Regional Municipality) v. Nova Scotia (Attorney General), [2019] N.S.J. No. 420, 2019 NSCA 77, Nova Scotia Court ...

The applicable standard of review for human rights complaints and the denial of the opportunity to award costs as a reviewable error

17. December 2019 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Disability – Statutory interpretation – Legislation – Judicial review – Appeals – Standard of review – Correctness – Reasonableness – Costs Pollock v. Manitoba (Human Rights Commission), [2019] M.J. No. 286, 2019 MBCA 110, Manitoba Court of Appeal, October 28, 2019, B.M. Hamilton, J.A. Pfuetzner and L.T. ...

Strata Corporations are free to get in their own way when it comes to claiming reimbursement of insurance deductibles from owners

17. December 2019 0
B.C. Supreme Court upholds decision of the Civil Resolution Tribunal that the Bylaws of a Strata Corporation can narrow the Strata’s ability to sue an owner pursuant to section 158(2) of the Strata Property Act. Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – By-laws – Judicial review – ...

You didn’t consider my reply! Canadian Human Rights Commission in breach of procedural fairness by ignoring reply submissions made by applicant to investigator’s report

19. November 2019 0
The court concluded that the Canadian Human Rights Commission committed a breach in procedural fairness when it failed to properly consider and assess reply submissions made by the applicant in response to the investigator’s initial investigation and report. The Commission could not simply adopt the investigator’s findings, when the applicant had raised new issues in ...

A Law Society member is required to cooperate with the Law Society and provide document production at the investigative stage

19. November 2019 0
Administrative law – Decisions reviewed – Law Societies – Judicial review – Investigations – Barristers and solicitors – Professional misconduct Cusack v. Law Society of Ontario, [2019] O.J. No. 4467, 2019 ONSC 5015, Ontario Superior Court of Justice, September 4, 2019, N.L. Backhouse, M.L. Edwards and L.G. Favreau JJ. The appellant was a sole practitioner ...

Complainant in professional discipline matter lacked standing to judicially review merits of decision to dismiss complaint

19. November 2019 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Complaints lacking merit – Judicial review – Appeals – Standing – Physicians and surgeons – Professional misconduct Makis v. College of Physicians and Surgeons of Alberta, [2019] A.J. No. 1229, 2019 ABCA 341, Alberta Court of Appeal, September 13, 2019, R. Khullar J.A. ...

The OIPC unreasonably balanced privacy of the individuals over appropriate sharing and access of health information to respond to complaints

15. October 2019 0
Administrative law – Decisions reviewed – Information and Privacy Commissioner – Judicial review – Appeals – Legislative compliance – Fresh evidence – Standard of review – Reasonableness – Freedom of information and protection of privacy – Disclosure Gowrishankar v. J.K., [2019] A.J. No. 1167, 2019 ABCA 316, Alberta Court of Appeal, August 30, 2019, B.K. ...

College of Physicians of Alberta failed to afford an internationally trained physician adequate procedural fairness

15. October 2019 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Professions – Physicians and surgeons – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness Mohamed v. College of Physicians and Surgeons of Alberta, [2019] A.J. No. 1134, 2019 ABQB 657, Alberta Court of Queen’s ...

The Minister of Environment appropriately focused on the state of the actual construction when deciding whether a ski resort project was “substantially started”

15. October 2019 0
In 2014, the Appellant, the Minister of Environment, decided a ski resort project was not substantially started. A chambers judge held this decision was unreasonable, and the Minister appealed to the BC Court of Appeal. The Court of Appeal allowed the appeal. Administrative law – Decisions reviewed – Minister of Environment – Assessment – Legislative compliance ...