Detective Robertson, an Edmonton police officer, was the subject of several citations related to his activities while on the police force. During proceedings, Detective Robertson applied to the court for a stay on the grounds that natural justice required that he be provided with funded counsel due to the complexity of the citations. The application to the court failed.

24. December 2002 0
Administrative law – Police – Disciplinary proceedings – Stay of proceedings – Right to legal representation – Judicial review – Breach of procedural fairness Robertson v. Edmonton (City) Police Service, [2002] A.J. No. 1366, Alberta Court of Queen’s Bench, November 6, 2002, Clackson J. Fifteen citations were launched against Detective Robertson (the “Applicant”) by the Edmonton ...

A teacher applied for judicial review of a hearing committee’s decision of professional misconduct. The Alberta Court of Queen’s Bench dismissed the case; however, the Alberta Court of Appeal allowed the appeal and set aside the findings of professional misconduct concluding that the decision of the hearing committee was unreasonable and improper.

24. December 2002 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Standard of review – Reasonableness simpliciter – Schools – Parental rights Eggertson v. Alberta Teachers’ Assn., [2002] A.J. No. 1358, Alberta Court of Appeal, November 5, 2002, O’Leary, Costigan and Paperny JJ.A. The Appellant was a teacher with the Calgary ...

An appeal by a registered nurse from a decision of the Appeal Committee of the Registered Nurses Association of Nova Scotia to dismiss his appeal from a decision of the Professional Conduct Committee which found that he was guilty of professional misconduct and revoked his licence. The appeal was based on several grounds including alleged procedural and fairness violations. The Nova Scotia Court of Appeal dismissed the appeal.

24. December 2002 0
Administrative law – Nurses – Professional misconduct or conduct unbecoming – Investigative bodies – Fairness – Role of legal counsel – Judicial review – Breach of procedural fairness Fox v. Registered Nurses’ Assn. of Nova Scotia, [2002] N.S.J. No. 486, Nova Scotia Court of Appeal, November 13, 2002, Roscoe, Chipman and Bateman JJ.A. Mr. Fox was employed ...

Ms. Cromie was issued a 24-hour driving prohibition after providing a breath sample to a police officer. On the same day, Ms. Cromie was served with a notice of driving prohibition pursuant to section 94.1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318. The adjudicator confirmed the driving prohibition against Ms. Cromie and Ms. Cromie appealed to the Supreme Court, arguing that she had a right to cross-examine the arresting officer in front of the adjudicator. Ms. Cromie’s application for judicial review was dismissed.

24. December 2002 0
Administrative law – Judicial review application – Breach of procedural fairness – Motor vehicles – Suspension of driver’s licence – Adjudication – Right to cross-examine arresting officer Cromie v. British Columbia (Superintendent of Motor Vehicles), [2002] B.C.J. No. 2552, British Columbia Supreme Court, October 4, 2002, Melnick J. On April 6, 2002, Ms. Cromie was pulled ...

The court applied a purposive approach to statute interpretation. The court held that the Residential Tenancies Board had erred in its interpretation of the Residential Tenancies Act and ordered that a guarantor be added as a Respondent and debtor to the landlord.

23. July 2002 0
Crowell v. Larsen, [2002] N.S.J. No. 269, Nova Scotia Supreme Court, April 5, 2002, Boudreau J. A mother signed as a Co-signor Agreement guaranteeing the performance of the Lease Agreement between her daughter and the landlord. The mother drafted post-dated cheques to pay for the rent for her daughter and provided them to the landlord. ...

The Nova Scotia Court of Appeal held that neither the Nova Scotia Human Rights Commission, nor its Director, had authority, either expressed or implied, to delegate the Nova Scotia Ombudsman the responsibilities imposed on the Commission pursuant to the Nova Scotia Human Rights Act, R.S.N.S. 1989, c. 214

23. July 2002 0
Dalhousie University v. Aylward, [2002] N.S.J. No. 267, Nova Scotia Court of Appeal, May 30, 2002, Glube C.J.N.S., Hallett and Freeman, JJ.A. The Nova Scotia Human Rights Commission received a letter on August 26, 1999 stating that a professor from Dalhousie University was intending to file a complaint based on racial discrimination, however, but that ...

The Applicant police officer appealed from the decision of the Saskatchewan Police Commission (the “Commission”) which found the Applicant guilty of discreditable conduct and imposed a disciplinary penalty. The court made an order in the nature of certiorari and set aside the decision of the Police Commission because the Commissioner failed to comply with the imperative procedural requirements of the Police Act.

26. March 2002 0
Administrative law – Judicial review – Procedural requirements – Statutory powers – Remedies – Certiorari – Police – Disciplinary proceedings – Privative clauses Selinger v. Saskatchewan (Police Commission), [2002] S.J. No. 95, Saskatchewan Court of Queen’s Bench, February 5, 2002, Kyle, J. The Commission made an order on May 22, 2001, dismissing the applicant’s appeal from the ...

A member of the College of Physicians and Surgeons of Ontario (the “College”) sought judicial review of the Registrar’s decision to amend a Notice of Hearing after the hearing commenced. The application was dismissed as it was premature since the discipline panel had not been given an opportunity to decide if it would hear the new charges.

26. March 2002 0
Administrative law – Judicial review – Questions of jurisdiction – Amendment of notice of hearing – College of Physicians and Surgeons – Disciplinary proceedings Henderson v. College of Physicians and Surgeons of Ontario, [2001] O.J. No. 5367, Ontario Superior Court of Justice, October 22, 2001, Then, J. A discipline panel of the College accepted jurisdiction over ...

The City of Toronto applied to the court to have a decision of the Ontario Municipal Board (the “Board”) set aside. The Board had determined that a City by-law was illegal. In granting the City’s petition, the court held that the Board had no jurisdiction to determine the legislative competency of a municipality.

26. March 2002 0
Administrative law – Municipal boards – Questions of jurisdiction – Change of by-laws Toronto City v. Goldlist Properties Inc., [2002] O.J. No. 601, Ontario Superior Court of Justice, February 20, 2002, Blair, Day and Marchand, JJ. Counsel for the City of Toronto (the “City”) adopted bylaw no. 147-1999 which amended the metropolitan Toronto official plan. ...