Last year I had referred to Arbitrator Picher’s decision on Imperial Oil’s drug testing policy that ruled that random testing for cannabis impairment using a mouth swab was not acceptable. The review of that decsion has now made its way through the Ontario Court on Judicial Review and has been upheld in Imperial Oil Limited […]
There are two main types of professional associations. Those that exist on the basis of legislation and those that exist on some other basis. Usually there is a Society Act and series of bylaws that dictate internal conduct in the latter category of professional association. Chaudhary v. The Canadian Society of Respiratory Therapists, 2007 BCSC […]
Sheddy v. Law Society of British Columbia., 2007 BCCA 96, has the Court of Appeal overturning a finding of incompetence on the part of a lawyer. The conduct in issue concerned the drafting of an affidavit and the attachment of an exhibit to the affidavit and the method of swearing the affidavit without all the […]
One of the great challenges in administrative law has been determining how far the Court that you are in should go in reviewing a tribunal’s decision. The spectrum of review ranges (used to) from correctness to reasonableness simpliciter to patentely unreasonable and turns on a number of factors that essentially balance out the type of […]
The BC Supreme Court held in, Harrison v. British Columbia (Information and Privacy Commissioner), 2008 BCSC 411, that the standard of review to be applied to decisions of the Privacy Commissioner is correctness. The case concerns an individual hired by a Provincially funded child care service. During the emploment background check a report came up […]