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In This Issue

About this newsletter

The Harper Grey LLP Administrative Law Observer provides a monthly review of new cases and emerging issues in Canadian professional regulation, liability and administrative law. These summaries are not legal opinions. Readers should not act on the basis of these summaries without first consulting a lawyer for analysis and advice on a specific matter.

Decisions of Administrative Tribunals

Disability Support Program - Overpayment - Discretion of Tribunal - Jurisdiction - Regulatory Powers of Tribunal; Government - Funding of Programs - Social Assistance; Judicial Review - Compliance with Legislation - Statutory Interpretation

Ontario (Director, Disability Support Program) v. Surdivall, 2014 ONCA 240, [2014] O.J. No. 1505

Appeal by recipient of disability support payments from a decision quashing an order of the Ontario Social Benefits Tribunal forgiving recovery of one-half of overpayment.

Certified General Accountants

Decisions of Administrative Tribunals - Accountants - Disciplinary Proceedings - Investigations; Judicial Review - Natural Justice - Procedural Requirements and Fairness - Jurisdiction  - Failure to Provide Reasons: Judicial Review Application - Premature; Remedies - Alternative remedies

Voudouris v. Certified General Accountants’ Assn. of Ontario, 2014 ONSC 1865, [2014] O.J. No. 1580

Application for judicial review of decision of Professional Conduct Tribunal of Certified General Accountants’ Association of Ontario convicting the applicant of professional misconduct.

Workers Compensation Boards

Decisions of Administrative Tribunals - Workers Compensation - Benefits - Temporary Total Disability; Judicial Review - Standard of Review - Reasonableness Simpliciter - Delay

Patrus v. Alberta (Workers’ Compensation Board), 2014 ABCA 117, [2014] A.J. No. 315

Appeal by Workers’ Compensation Board from a decision overturning a decision of the Workers’ Compensation Board Appeals Commission regarding reduction of temporary total disability benefits on the basis of employability.

Residential Tenancy Office

Decisions of Administrative Tribunals - Landlord and Tenant - Termination; Judicial Review - Appeals - Leave to Appeal - Compliance with Legislation - Hearings - Procedural Requirements and Fairness

Chong v. Wan, 2014 MBCA 35, [2014] M.J. No. 97

The applicant landlord unsuccessfully sought leave to appeal a decision of the Residential Tenancies Commission which required him to pay compensation to the respondent tenants.

 

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Thank you for reading the May 2014 Administrative Law Observer

Please let me know if you have any questions about any of the cases discussed in the net letter. I would be happy to provide you with additional information.

Sincerely,

William Clark,
Chair, Professional Regulation Practice Group
Editor, Administrative Law Observer
wclark@harpergrey.com