The Yukon Medical Council (the “Council”) was successful in its appeal from a decision holding it to be “an agent of the government of the Yukon” and, therefore, subject to the jurisdiction of the Privacy Commissioner. The Court of Appeal held that the Council was free from interference or control by the Yukon government in the exercise of its powers and, therefore, could not be said to be a “public body” within the meaning of the Access to Information and Protection of Privacy Act, S.Y. 1995, c. 1.

24. September 2002 0
Administrative law – Freedom of information and protection of privacy – Privacy Commissioner – Jurisdiction – Public body – Definition – Physicians and surgeons – Governance Yukon Medical Council v. Yukon (Information and Privacy Commission), [2002] Y.J. No. 82, Yukon Territory Court of Appeal, August 20, 2002, Finch C.J.Y.T., Donald and Low JJ.A. The Council appealed the ...

A Referee (“Sargeant”) hearing a claim under the Employment Standards Act decided that he was not entitled to consider a limitation period issue in a claim by an employee (“Halloran”) against his former employer with respect to a compensation package offered upon Halloran’s termination. The Referee’s decision was overturned by the Divisional Court. On appeal, the Court of Appeal held that it was unconscionable for the company to invoke a limitation period to deny Halloran’s claim as there had been a fraudulent concealment of the existence of a cause of action against the company.

24. September 2002 0
Administrative law – Employment standards – Employer’s representations – Termination package – Fraudulent concealment – Judicial review – Standard of review – Patently unreasonable decision – Limitations Halloran v. Sargeant, [2002] O.J. No. 3248, Ontario Court of Appeal, August 27, 2002, McMurtry C.J.O., Weiler and Armstrong JJ.A. Halloran was employed by Crown Cork & Seal for 31 ...

A lawyer (“Pierce”) sought a stay of the penalty arising out of a disciplinary action pending his appeal to the Supreme Court of Canada. The penalty included a suspension, an order to pay costs, and publication of the penalty. The Court of Appeal granted the stay but only with respect to the suspension as it found that Pierce would suffer irreparable harm if the suspension were instituted and Pierce ultimately succeeded in his appeal to the Supreme Court of Canada.

24. September 2002 0
Administrative law – Barristers and solicitors – Disciplinary proceedings – Penalties – Suspension – Stay of suspension Pierce v. Law Society of British Columbia, [2002] B.C.J. No. 2008, British Columbia Court of Appeal, September 5, 2002, Donald J.A. On September 16, 2002, the Law Society issued a citation alleging professional misconduct and conduct unbecoming a ...

Parents of children attending a French Immersion school failed in their application seeking to overturn a decision to close the school, as the court found that the school board did not breach its duty of procedural fairness in deciding to close the school

27. August 2002 0
Administrative law – Schools – Closures – School boards – Jurisdiction – Boards and tribunals – Procedural fairness MacGregor v. Halifax Regional School Board, [2002] N.S.J. No. 334, Nova Scotia Supreme Court, July 17, 2002, Coughlan J. The school board voted to close École Beaufort, a school providing French immersion education. The Applicants, parents of children attending ...

An accountant {“Walman”) was the subject of disciplinary proceedings by his professional association. Findings of misconduct by the Association were appealed by Walman and eventually overturned. Walman brought an action for abuse of public office against the Association and certain employees which was dismissed as the court found that the evidence did not support an inference that the Association’s auditors recklessly exceeded their powers in the disciplinary hearings.

27. August 2002 0
Administrative law – Accountants – Disciplinary proceedings – Investigative bodies – Jurisdiction – Powers – Abuse of public office Walman v. Certified General Accountants Assn. of British Columbia, [2002] B.C.J. No. 1560, British Columbia Supreme Court, July 8, 2002, Curtis J. Walman was an accountant who became the subject of disciplinary proceedings brought by the Certified General ...

The Lax Kw’alaams Indian Band (the “Band”) brought an application seeking to set aside a permit issued by the Minister of Sustainable Resource Management and a declaration that the Minister owed a duty to the Band to consult with them prior to granting such a permit. The court found that the Minister had an obligation to consult and accommodate the Band with respect to the permit but dismissed the Petition on the basis that there was no evidence that such consultation and accommodation had not occurred in this instance.

27. August 2002 0
Administrative law – Logging permits – Aboriginal issues – Government’s duty to consult – Procedural requirements – Natural justice Lax Kw’alaams Indian Band v. British Columbia (Minister of Sustainable Resource Management), [2002] B.C.J. No. 1699, British Columbia Supreme Court, July 19, 2002, Maczko J. On April 30, 2002, the Minister of Sustainable Resource Management (the ...

The Petitioner sought leave under section 31 of the Commercial Arbitration Act, R.S.B.C. 1996, c.55 to appeal the decision of an Arbitrator in a motor vehicle case who awarded court order interest to the Respondent motorist (“Lopatka”) after the initial award for damages had been made. The court refused to grant leave, holding that the merits of the appeal did not have sufficient substance to warrant leave and it was important that the principle of finality in arbitrations be maintained.

27. August 2002 0
Administrative law – Motor vehicle accidents – Arbitration and award – Arbitrators – Jurisdiction – Appeals – Leave to appeal – Test Maruna v. Lopatka, [2002] B.C.J. No. 1706, British Columbia Supreme Court, July 19, 2002, Brooke J. Lopatka was involved in four motor vehicle accidents. Pursuant to section 148 of the Regulations to the Insurance ...

Dufault, a teacher and Human Resources Superintendent for a school district, was unsuccessful in overturning a decision by an investigative subcommittee of the British Columbia College of Teachers to issue a citation against him with respect to his involvement in hiring a teacher without certification from the College

28. May 2002 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming of member – Investigative bodies – Jurisdiction Dufault v. British Columbia College of Teachers, [2002] B.C.J. No. 864, British Columbia Supreme Court, April 25, 2002, Ross J. Dufault was the Associate Superintendent of Human Resources for the School District of Abbotsford. He was ...

Tremblay’s appeal from the decision of the British Columbia Supreme Court dismissing a petition seeking a declaration that certain orders-in-council concerning budget cuts to the Legal Services Society were ultra vires was dismissed. The Court held that Tremblay had not shown any error of law or principle that would allow the Court to intervene in what was essentially a policy dispute.

28. May 2002 0
Administrative law – Legislation – Orders in council – Ultra vires – Legal Aid – Funding Tremblay v. British Columbia (Attorney General), [2002] B.C.J. No. 942, British Columbia Court of Appeal, May 2, 2002, Finch C.J.B.C., Prowse and Smith JJ.A. Tremblay appealed from the decision of the British Columbia Supreme Court dismissing the petition to quash ...