A Registrar’s appeal from a decision of the License Appeal Tribunal (the “Tribunal”) was allowed where the Court found that the Tribunal had directed Unity-A-Automotive be registered as a motor vehicle dealer and Thangarajah be registered as a salesperson without addressing whether his past conduct provided reasonable grounds to believe he would act in accordance with the law and with honesty and integrity

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Motor Vehicle Dealers – Permits and licences – Judicial review –  Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Ontario (Motor Vehicle Dealers Act, Registrar) v. Unity-A-Automotive Inc., [2009] O.J. No. 5198, Ontario Superior Court of Justice, December 3, 2009, W.L. Whalen, M.R. ...

The appeal by an accountant (“Macdonald”) of a decision of the discipline tribunal panel of the Institute of Chartered Accountants (the “Tribunal”) cancelling his membership and requiring him to pay costs of $6,832 was dismissed where the Court concluded that Macdonald should have raised the issue of double jeopardy before the Tribunal

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Penalties and suspensions – Investigations – Fairness – Offences – Double jeopardy Macdonald v. Institute of Chartered Accountants of British Columbia, [2009] B.C.J. No. 2369, British Columbia Supreme Court, November 27, 2009, A.M. Stewart J. Macdonald was ...

The appeal of a nursing home (“Grass Home”) from the decision of a fire marshal affirming an order of a fire inspector requiring the removal of locks was allowed where the Court found the fire marshal’s decision was reasonable but void due to an apprehension of bias

23. February 2010 0
Administrative law – Municipalities – Fire inspectors – Orders – Judicial review – Decisions reviewed – Fire inspectors – Judicial review – Procedural requirements and fairness – Bias – Standard of review – Reasonableness simpliciter Grass Home Ltd. v. New Brunswick (Provincial Fire Marshall), [2009] N.B.J. No. 381, New Brunswick Court of Queen’s Bench, September ...

The appeal by the Canadian Broadcasting Corporation (“CBC”) from a decision dismissing the CBC’s application for judicial review of a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”) was dismissed where the Court found that the British Columbia Workers’ Compensation Board (“WCB”) was the appropriate body to determine whether a person engaged by the CBC was an “employee” within the meaning of the Governments Employees Compensation Act, R.S.C. 1985, c. G-5

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Government agencies – Government employees – Workers compensation – Federal and provincial legislation – Worker – definition – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Standard of review – Correctness Canadian Broadcasting Corp. v. Luo, [2009] B.C.J. No. 1559, British Columbia Court of ...

An appeal by the Defendant St. Paul’s Hospital (the “Hospital”) from dismissal of a motion to strike out a Statement of Claim issued by a surgeon (“Munro”) as disclosing no cause of action was dismissed where the Court held that it was not plain and obvious that Munro’s claim in contract would fail and the Hospital did not establish that the Court should decline jurisdiction to hear the tort claims

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Statutory powers – Physicians and surgeons – Hospital privileges – Judicial review – Compliance with legislation – Evidence – Remedies – Alternative remedies Munro v. St. Paul’s Hospital, [2009] B.C.J. No. 1475, British Columbia Court of Appeal, July 24, 2009, I.T. Donald, P.D. Lowry ...

The appeal by a geoscientist (“Salway”) from a decision dismissing his application for judicial review of a Stipulated Order under which he admitted unprofessional conduct and agreed to a disciplinary regime other than the one provided for in the Engineers and Scientists Act, R.S.B.C. 1996, c. 116 was allowed where the Court found that the Association had no jurisdiction to adopt the Stipulated Order procedure

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Governance – Functions of a self-governing body – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Jurisdiction of Association – Compliance with legislation Salway v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2009] B.C.J. ...

The Application by a Claimant (“Rowel”) for judicial review of a decision of the Manitoba Human Rights Commission (the “Commission”) was dismissed where the Court found that the investigation into Rowel’s complaint was conducted neutrally and thoroughly

28. July 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Disability – Duty to accommodate – Investigations – Role of Investigator – Procedural fairness – Judicial review – Bias – Failure to provide reasons Rowel v. Union Centre Inc., [2009] M.J. No. 215, Manitoba Court of Queen’s Bench, May ...

The application by a tenant (“Ganitano”) for judicial review of a decision and Order of a residential tenancy dispute resolution officer dismissing Ganitano’s application to dispute a 10-day notice and one-month notice to end tenancy was allowed where the Court found there were a number of procedurally significant problems in the Hearing which infringed Ganitano’s right to be heard on the application

28. July 2009 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Adjudication – Landlord and tenant – Residential tenancy agreements – Termination – Hearings – Conduct of hearings – Failure to provide transcript of hearing – Judicial review – Procedural requirements and fairness – Limitations Ganitano v. Metro Vancouver Housing Corp., [2009] B.C.J. No. ...

The Applicant Nishnawbe Aski Nation (“NAN”) was successful in obtaining a stay of the Inquest into the death of Reggie Bushie pending the determination of an Application for Judicial Review of decisions relating to the selection of the jury for the Inquest

28. July 2009 0
Administrative law – Decisions of administrative tribunals – Coroner – Coroner’s inquest – Public interest – Judicial review – Compliance with legislation – Stay of proceedings – Jury selection – Witnesses – Aboriginal issues Nishnawbe Aski Nation v. Eden, [2009] O.J. No. 2458, Ontario Superior Court of Justice, May 29, 2009, A. Karakatsanis J. Reggie ...