The appeal by the New Brunswick Real Estate Association (the “Association”) from a judge’s decision setting aside a decision of the Discipline Committee was allowed where the Court found that the judge had erred in concluding that the Committee’s policy of addressing the merits of the complaints and possible penalties in one hearing rendered the hearing process biased

23. October 2007 0
Administrative law – Decisions of administrative tribunals – Real estate agents – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Hearings – Judicial review – Bias – Procedural requirements and fairness New Brunswick Real Estate Assn. v. Moore, [2007] N.B.J. No. 311, New Brunswick Court of Appeal, August 9, 2007, ...

The appeal by the Minister of Environment and Environmental Appeal Board from Sarg Oils’ successful application for judicial review of a decision of the Environmental Appeal Board was allowed where the Court found that the Board’s reasons did not disclose any reviewable error

23. October 2007 0
Administrative law – Environmental issues – Oil wells – Decisions of administrative tribunals – Environmental Appeal Board – Contaminated sites – remediation – Judicial review – Natural justice – Compliance with legislation – Standard of review – Patent unreasonableness Sarg Oils Ltd. v. (Alberta) Environmental Appeal Board, [2007] A.J. No. 960, Alberta Court of Appeal, ...

The Ontario Racing Commission (the “Commission”) was successful in its appeal from the Divisional Court’s Judicial Review decision overturning the Commission’s earlier decision finding Austin guilty of having provided an improper (cold) urine sample

23. October 2007 0
Administrative law – Decisions of administrative tribunals – Horse Racing – Drivers – Testing for illegal substances – Horse racers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Hearings – Evidence – Judicial review – Bias Austin v. Ontario (Racing Commission), [2007] O.J. No. 3249, Ontario Court of Appeal, August 30, 2007, M. Rosenberg, ...

The City of Calgary was successful in having the Court set aside the decision of the Chief Commissioner of the Alberta Human Rights and Citizenship Commission where the Court found that the Chief Commissioner’s decision was unreasonable as it compared the situation of the disabled complainant (“Halfyard”) with other groups of employees not contemplated by the relevant section of the Collective Agreement

25. September 2007 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights – Discrimination – Disability – Age – Labour law – Collective agreements – Workers compensation – Benefits – Judicial review – Standard of review – Reasonableness simpliciter Calgary (City) v. Alberta (Human Rights and Citizenship Commission), [2007] A.J. No. 852, Alberta Court of Queen’s Bench, ...

The City of Calgary’s application for leave to appeal three decisions of the Alberta Energy and Utilities Board was allowed where the Court found that special circumstances existed that justified extending the time for filing the appeals and it was arguable that the Board did not take certain evidence into account

25. September 2007 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Appeals – Leave to appeal – Fee increases – Jurisdiction – Judicial review – Evidence – Limitations Calgary (City) v. Alberta (Energy and Utilities Board), [2007] A.J. No. 880, Alberta Court of Appeal, August 3, 2007, C. Conrad J.A. The City of Calgary ...

The appeal by the Registrar of Mortgage Brokers from the decision of the Financial Services Tribunal that overturned the Registrar’s finding that a sub-mortgage broker (“Matick”) breached s. 17.3 of the Mortgage Brokers Act, R.S.B.C. 1996, c. 313 by failing to disclose his wife’s position as an employee of T.D. Canada Trust, was dismissed

25. September 2007 0
Administrative law – Decisions of administrative tribunals – Registrar of Mortgage Brokers – Mortgage brokers – Disciplinary proceedings – Penalties and suspensions – Public interest – Judicial review – Disclosure – Evidence – Compliance with legislation – Standard of review – Correctness – Patent unreasonableness Registrar of Mortgage Brokers v. Financial Services Tribunal, [2007] B.C.J. No. 1670, ...

O’Donnell was successful in her application for judicial review of a Workers’ Compensation Appeal Tribunal decision finding that O’Donnell did not suffer a work-related disability as a result of a disciplinary suspension and termination of her employment

Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Judicial review O’Donnell (Re), [2007] Y.J. No. 9, Yukon Territory Supreme Court, January 19, 2007, Gower J. O’Donnell was employed with the government and was suspended when inconsistencies in the management of her files was noted. O’Donnell claimed that she was ...

The appeal by a nurse (Tomaszewska) of a decision of the Discipline Committee of the College of Nurses of Ontario finding that she had committed acts of professional misconduct was dismissed where the Court held that Tomaszewska had not been denied procedural fairness in the hearing and the penalty was not patently unreasonable

Administrative law – Decisions of administrative tribunals – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Hearings – Disclosure – Judicial review – Procedural requirements and fairness – Fresh evidence – admissibility Tomaszewska v. College of Nurses of Ontario, [2007] O.J. No. 1731, Ontario Superior Court of Justice, May 3, ...

The application for judicial review by Maisonneuve of the decision rendered by the Minister of Justice of Canada ordering his surrender to the United States of America was allowed where the Court found that the Minister’s interpretation of evidence regarding the participation of the US and Canadian police authorities was patently unreasonable

Administrative law – Decisions of administrative tribunals – Ministerial orders – Extradition – Investigations – Judicial review – Jurisdiction – Procedural requirements and fairness – Failure to provide reasons – Evidence Maisonneuve v. Canada (Minister of Justice), [2006] Q.J. No. 4054, Quebec Court of Appeal, July 31, 2006, François Pelletier J.A., François Doyon J.A. and Lise ...