An order of the Superintendent of Financial Institutions (the “Superintendent”) removing Ripudaman Singh Malik (“Malik”) as a director of the Khalsa Credit Union was set aside where the Court found the Superintendent was in breach of the rules of procedural fairness by failing to provide Malik with notice and an opportunity to be heard

27. June 2006 0
Administrative law – Decisions of administrative tribunals – Financial Institutions Commission – Director of corporation – Removal – Notice – Judicial review – Procedural requirements and fairness – Failure to provide reasons Malik v. British Columbia (Financial Institutions Commission), [2006] B.C.J. No. 999, British Columbia Supreme Court, May 5, 2006, Wedge J. On November 16, 2005, ...

The Chief of Police appealed from a decision of the Ontario Civilian Commission on Police Services (“OCCPS”) reinstating a police officer (“Kelly”) where the Court found that the OCCPS articulated and applied the appropriate standard of review of reasonableness when overturning the decision of a Hearing Officer to terminate Kelly

27. June 2006 0
Administrative law – Police – Disciplinary proceedings – Penalties and suspensions – Decisions of administrative tribunals – Civilian Commission on Police Services – Hearings – Evidence – Judicial review – Appeals – Standard of review – Reasonableness simpliciter Toronto (City) Police Service v. Kelly, [2006] O.J. No. 1758, Ontario Superior Court of Justice, May 2, 2006, J.D. Carnwath, ...

The Court held that the Complainant had no standing to appeal the decision of an adjudicator appointed by the Police Complaints Commissioner to conduct a public hearing into the conduct of a police officer relating to the death of the Complainant’s brother

27. June 2006 0
Administrative law – Police – Police Complaint Commissioner – Adjudication – Procedural fairness – Public hearings – Conduct of hearings – Rules of evidence – Judicial review – Appeals – Parties – Standing – Compliance with legislation Berg v. British Columbia (Police Complaint Commissioner), [2006] B.C.J. No. 1027, British Columbia Court of Appeal, May 9, 2006, Finch ...

The application by Doe for judicial review of an Order of the Assistant Commissioner of the RCMP to terminate his protection under the Witness Protection Program was allowed and the Assistant Commissioner’s decision terminating witness protection was quashed

25. April 2006 0
Administrative law – Decisions of administrative tribunals – Royal Canadian Mounted Police – Witness Protection Program – Natural justice – Procedural requirements and fairness – Witnesses – Standard of review – Correctness John Doe v. Canada (Attorney General), [2006] F.C.J. No. 241, Federal Court, January 27, 2006, Phelan J. Doe became aware of criminal activities which ...

The appeal by Berezoutskaia from the dismissal of her application for judicial review of a dismissal of her complaint to the Human Rights Tribunal was dismissed where the Court of Appeal found that the Tribunal member did not act unreasonably, in bad faith, or with improper purpose in concluding the complaint had no chance of success at hearing

25. April 2006 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Lack of Evidence – Employment law – Termination of employment Berezoutskaia v. British Columbia (Human Rights Tribunal), [2006] B.C.J. No. 436, British Columbia Court of Appeal, March 2, 2006, Hall, Levine and Smith JJ.A. Berezoutskaia was a refugee from ...

The appeal of Shaw Cablesystems (“Shaw”) from the dismissal of its action against MTS Communications (“MTS”) on the ground that the Court did not have jurisdiction to hear the matter was dismissed where the Manitoba Court of Appeal found that the issues appropriately belonged before the Canadian Radio and Telecommunications Commission (“CRTC”)

25. April 2006 0
Administrative law – Decisions of administrative tribunals – Canadian Radio-Television and Telecommunications Commission – Judicial review – Jurisdiction of court – Permits and licences Shaw Cablesystems (SMB) Ltd. v. MTS Communications Inc., [2006] M.J. No. 80, Manitoba Court of Appeal, February 28, 2006, Scott C.J.M., Huband and Hamilton JJ.A. Shaw and MTS competed as providers of ...

The Supreme Court of Canada held that a decision by the Council of Commissioners of the School Board prohibiting a Sikh student from wearing a kirpan to school infringed freedom of religion guaranteed by section 2(a) of the Canadian Charter of Rights and Freedoms.

25. April 2006 0
Administrative law – Human rights – Charter of Rights and Freedoms – Freedom of Religion – Decisions of administrative tribunals – School boards – Powers and duties Multani v. Commission scolaire Marguerite-Bourgeoys, [2006] S.C.J. No. 6, Supreme Court of Canada, March 2, 2006, McLachlin C.J. and Major*, Bastarache, Binnie, LeBel, Deschamps, Fish, Abella and Charron JJ. ...

Rankin and three other professional curlers were successful in their application for judicial review of the decisions of the Review Committee and the Appeal Committee of the Alberta Curling Federation (“ACF”). The Court held that the sanctions imposed were patently unreasonable and unsupported by reasons and should be set aside.

28. February 2006 0
Administrative law – Decisions of administrative tribunals – Curling Federation – Disciplinary proceedings – Penalties – Suspension – Failure to provide reasons – Judicial review – Jurisdiction of court – Procedural requirements and fairness Rankin v. Alberta Curling Federation Appeals Committee, [2005] A.J. No. 1759, Alberta Court of Queen’s Bench, December 16, 2005, Germain J. Curling ...

An optometrist (“Zenner”) appealed a decision of the Prince Edward Island College of Optometrists (the “College”) refusing to issue a new licence to Zenner until certain terms and conditions had been met. The Supreme Court of Canada allowed the appeal in part, quashing the condition that Zenner must complete an ethics course as no optometric or medical ethics course was, at the relevant time, accredited or offered by the College.

28. February 2006 0
Administrative law – Decisions of administrative tribunals – College of Optometrists – Licence to practice – Training requirements – Judicial review – Standard of review – Reasonableness simpliciter Zenner v. Prince Edward Island College of Optometrists, [2005] S.C.J. No. 80, Supreme Court of Canada, December 16, 2005, McLachlin C.J. and Major, Bastarache, Binnie, LeBel, Deschamps, Fish, ...