The Court quashed a bylaw adopted by the Regional District of Comox-Strathcona (the “Regional District”) where the Court found that the Regional District failed to comply with the requirements of the Local Government Act (the “Act”) as the views expressed by the Petitioner (“Pacific Playground”) were not reported by the delegated directors to the other directors prior to their vote to adopt the bylaw

28. June 2005 0
Administrative law – Municipalities – Planning and zoning – Change of by-laws – Validity – Public hearings – Judicial review – Compliance with legislation – Rules and by-laws – Procedural requirements and fairness – Jurisdiction Pacific Playground Holdings Ltd. v. Comox-Strathcona (Regional District), [2005] B.C.J. No. 941, British Columbia Supreme Court, April 27, 2005, Ehrcke J. ...

The Court of Appeal held that the proper representative of the Crown in proceedings under the Judicial Review Procedure Act, R.S.B.C. 1996, c. 241, is the Attorney General (the “AG”), not Her Majesty the Queen in the Right of the Province of British Columbia (“HMTQ”). The Court further determined that the AG can appear in his own right to speak for the public interest and may advocate for the statutory decision maker if the latter has not engaged separate counsel. The AG may be liable in costs if the tribunal does not file an appearance and the AG argues the merits of the tribunal’s decision.

28. June 2005 0
Administrative law – Decisions of administrative tribunals – Judicial review – Ministerial powers – Crown representative – Attorney General – Costs liability for Lang v. British Columbia (Superintendent of Motor Vehicles), [2005] B.C.J. No. 906, British Columbia Court of Appeal, April 25, 2005, Donald, Newbury and Low JJ.A. This appeal relates to four distinct cases in ...

The Court of Appeal held that a board of inquiry appointed under the Human Rights Act, R.S.N.S. 1989, c. 214 (the “Act”) was not entitled to make an award of legal costs as part of its compensation award

28. June 2005 0
Administrative law – Human rights complaints – Discrimination – Costs – Decisions of administrative tribunals – Human Rights Tribunal – Right to award costs – Judicial review – Jurisdiction of tribunal – Standard of review – Correctness Halifax (Regional Municipality) v. Nova Scotia (Human Rights Commission), [2005] N.S.J. No. 156, Nova Scotia Court of Appeal, April 22, 2005, ...

The Court of Appeal reversed the order of the executive of the Saskatchewan Teachers’ Federation (“STF”) and set aside the finding that a school principal (“Casavant”) was guilty of professional misconduct and/or conduct unbecoming to a teacher where the Court found that the report tendered to the executive by the Professional Ethics Committee (the “Committee”) was inadequate

28. June 2005 0
Administrative law – Decisions of administrative tribunals – Teachers Federation – Appeals – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Reasons – Report adequacy of – Compliance with legislation Casavant v. Saskatchewan Teachers’ Federation, [2005] S.J. No. 257, Saskatchewan Court of Appeal, April 21, 2005, Cameron, Lane and Richards JJ.A. ...

The court held that the Capital District Health Authority (“Capital Health”) was not bound by a settlement agreement between the CEO of Capital Health and a cardiologist (“Dr. Horne”) with respect to Dr. Horne’s hospital privileges. The CEO had neither actual nor ostensible authority to enter into a settlement on behalf of Capital Health and Capital Health had no power to delegate authority with respect to medical staff privileges.

26. April 2005 0
Administrative law – Physicians and surgeons – Hospital privileges – Health authorities – Statutory powers – Delegated authority – Settlements – Validity – Judicial review – Compliance with legislation – Jurisdiction – Procedural requirements and fairness Horne v. Capital District Health Authority, [2005] N.S.J. No. 85, Nova Scotia Supreme Court, February 23, 2005, D. Hall J. Dr. ...

An operator of a telecommunication system (“GT”) was unsuccessful in its application for judicial review of a decision of a municipal government board (the “Board”) relating to the assessment of GT’s data assets.

26. April 2005 0
Administrative law – Municipal boards – Property assessment – Decisions of administrative tribunals – Judicial review – Standard of review – Patent unreasonableness – Privative clauses GT Group Telecom Services Corp v. Alberta (Municipal Government Board), [2005] A.J. No. 215, Alberta Court of Queen’s Bench, February 15, 2005, Hawco J. GT operated a telecommunication system in Alberta. ...

A dentist (“Dr. Drake”) was unsuccessful in his application for judicial review of the decision of the Health Professions Appeal and Review Board (the “Board”). The court found that the Board was acting reasonably in finding that the Complaints Committee of the Royal College of Dental Surgeons of Ontario (the “Committee”) had conducted an adequate investigation into a complaint that Dr. Drake had not been diligent in obtaining consent to treatment from a patient.

26. April 2005 0
Administrative law – Dentists – Disciplinary proceedings – Investigations – Judicial review – Mental health – Consent to treatment – Substitute decision maker Drake v. Royal College of Dental Surgeons of Ontario, [2005] O.J. No. 755, Ontario Superior Court of Justice, March 2, 2005, G.D. Lane, A.M. Molloy and D.J. Power JJ. The mother of the complainant ...

An employer’s appeal of a decision of the Nova Scotia Workers Compensation Appeals Tribunal (“WCAT”) was dismissed when the court found there was evidence to support the WCAT’s conclusion that an intense meeting with a supervisor was a “traumatic event” such that the worker’s subsequent stress condition was an “accident” within the meaning of the Workers Compensation Act, S.N.S. 1994-95, c. 10.

26. April 2005 0
Administrative law – Workers compensation – Benefits – Statutory provisions – Accident – Definition – Traumatic event – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Standard of review – Correctness – Patent unreasonableness Children’s Aid Society of Cape Breton-Victoria v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2005] N.S.J. No. 75, Nova Scotia Court ...

Professional figure skating coaches (the “Patersons”) brought an application for judicial review of the procedure adopted by Skate Canada which had commenced an investigation into complaints against the Patersons alleging dishonesty, fraudulent misconduct and personal harassment. The court found that the procedures put into place by Skate Canada did not meet the criteria of due process in that the Patersons would not be allowed to cross-examine the complainants. The court granted an order prohibiting Skate Canada from proceeding with the charges against the Patersons until procedures were in place to guarantee fairness.

22. February 2005 0
Administrative law – Hearings – Conduct of hearings – Judicial review application – Administrative decisions – Procedural requirements and fairness – Natural justice – Jurisdiction of tribunal Paterson v Skate Canada, [2004] A.J. No. 1542, Alberta Court of Queen’s Bench, December 22, 2004, Moen J. The Patersons were professional figure skating coaches who moved to Grande ...