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About this newsletterThe 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. |
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College of Physicians and Surgeons;
Physicians and surgeons - Disciplinary proceedings - Professional misconduct or conduct unbecoming - Billing matters - Records - Penalties; Judicial review - Evidence The Alberta Court of Appeal dismissed an appeal from a decision of the College of Physicians and Surgeons which imposed a global penalty on the Appellant for 31 counts of professional misconduct. |
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Government institution;
Freedom of information and protection of privacy - Public bodies - Disclosure - Third parties - Notice; Judicial review - Compliance with legislation - Evidence - Standard of proof Merck unsuccessfully appealed a Federal Court of Appeal decision relating to an Access to Information Act request. The request related to certain documents submitted by Merck to the Respondent, Health Canada, when it sought approval to market the drugs. |
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School boards;
Schools - Suspension of students; Judicial review - Compliance with legislation - Jurisdiction of court - No reasonable cause of action The Applicants, two high school students, unsuccessfully applied for judicial review of their private school’s decision to expel them for marijuana use |
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Workers Compensation Boards;
Workers Compensation - Benefits - Statutory provisions - Policies - Validity and application of policies and guidelines; Judicial review - Compliance with legislation - Standard of review - Reasonableness simpliciter The Court of Appeal allowed an appeal of the Worker’s Compensation Board and restored its decision to compensate an injured worker based on calculations made under a new policy implemented under the Workers’ Compensation Act. |
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Thank you for reading the March 2012 Administrative Law ObserverPlease let me know if you have any questions about any of the cases discussed. I would be happy to provide you with additional information. Sincerely,
William Clark, |
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