Category Archives: Administrative Law

HPRB Summaries: Exclusion of information from the record

A complainant under the Health Professions Act does not have access to ongoing investigation evidence. As an applicant for review, however, a complainant has a prima facie right to access the “record” in a matter. Under s. 42 of the Administrative…

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A complainant’s right to appeal or judicial review

While complainants under the Health Professions Act have a clear right to apply for reviews of Inquiry Committee decisions, the position of complainants under other statutes will depend on the wording of the enactment. For example, a complainant under the…

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When discipline panels must be correct, and not merely reasonable

While a tribunal’s substantive decision-making under its home statute may survive a judicial review merely by being reasonable, a tribunal must still be correct about questions of general law, and must still reach decisions on a foundation of procedural fairness;…

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