The Court dismissed the Petitioner’s appeal of a decision of the Respondent College’s Registration Committee which had dismissed her appeal regarding the results of her written examination for qualification. The Court found that the Registration Committee had not violated the principles of natural justice in administering the written examination, the College had not acted on irrelevant considerations in setting the passing score for the written examination and the College had not violated the rules of natural justice in conducting the Petitioner’s internal appeal.

Administrative law – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Licence to practice – Examinations – Judicial review – Procedural requirements and fairness – Natural justice – Legitimate expectations – Appeal process – Standard of review – Correctness – Reasonableness simpliciter Eliott v. College of Traditional Chinese Medicine Practitioners and Acupuncturists ...

The Court dismissed applications for judicial review by various police officers who had been referred to discipline hearings or informal resolution by the Respondent Commission. The Court found that there had been no breach of procedural fairness at this early stage in the administrative process, the applications were premature and, in two cases, were moot.

Administrative law – Police – Disciplinary proceedings – Judicial review application – Premature – Judicial review – Procedural requirements and fairness – Bias – Mootness Sommers v. Ontario (Civilian Commission on Police Services), [2005] O.J. No. 1838, Ontario Superior Court of Justice, May 10, 2005, J.D. Carnwath, J.R.R. Jennings and K.E. Swinton JJ. The Applicant police officers ...

The Ontario Court of Appeal set aside the Superior Court’s Order requiring the Appellants to vacate a residential premises, on the basis that the Ontario Rental Housing Tribunal had exclusive jurisdiction to make such an Order

Administrative law – Landlord and tenant – Residential tenancy agreements – Termination – Judicial review – Jurisdiction of court – Remedies – Injunctions – Availability Beach v. Mofatt, [2005] O.J. No. 1722, Ontario Court of Appeal, May 3, 2005, M.A. Catzman, M. Rosenberg and R.G. Juriansz JJ.A. The Appellants were the residential tenants of an illegal rooming ...

The Court allowed the Plaintiffs’ motion for an injunction that prevented the Defendant School Board from tabling or debating a motion for closure of three particular schools without further leave of the Court. The Court dismissed the Defendant’s application to strike the pleadings.

Administrative law – Schools – Closures – Parental rights – Remedies – Injunctions – Interlocutory injunctions – Availability – Test – Judicial review – Compliance with legislation Bellamy v. Edmonton Public School Board No. 7, [2005] A.J. No. 526, Alberta Court of Queen’s Bench, May 10, 2005, Hillier J. The Plaintiffs were parents of students currently attending ...

The Court overturned the decision of a Provincial Court Judge who had reversed the decision of a Firearms Officer and directed that the Respondent be given a licence to possess and acquire firearms

Administrative law – Decisions of administrative tribunals – Firearms Officer – Judicial review – Evidence – Judicial notice – Standard of review – Correctness Canada (Chief Firearms Officer for the Province of Alberta) v. Pogson, [2005] A.J. No. 281, Alberta Court of Queen’s Bench, March 14, 2005, Slatter J. The Respondent had applied for a firearms ...

The Court dismissed an application for judicial review of the Appeals Commission’s decision to overturn a decision of the Workers Compensation Board and the finding that a worker’s psychiatric illness was caused by his employment and was compensable

Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Psychological injury employment related – Judicial review – Compliance with legislation – Privative clauses – Standard of review – Reasonableness simpliciter Alberta (Workers’ Compensation Board) v. Appeals Commission, [2005] A.J. No. 233, Alberta Court of Queen’s Bench, March 7, 2005, Moen J. The Respondent, ...

The Court quashed the decision of the Respondent Health Authority to permanently revoke the Applicant doctor’s privileges on the basis that the Respondent’s Board of Directors failed to meet the requirements of procedural fairness by hearing evidence in the Applicant’s absence

Administrative law – Physicians and surgeons – Hospital privileges – Judicial review – Procedural requirements and fairness – Natural justice Trinh v. Acadie-Bathurst Health Authority, [2005] N.B.J. No. 96, New Brunswick Court of Queen’s Bench, March 3, 2005, R. Léger J. The Applicant was a medical doctor and a member of the medical staff of the ...

The Court dismissed a petition for a declaration that the sections of the Legal Professions Act, S.B.C. 1998, c.9 and the Law Society Rules allowing a practice review on a solicitor are inconsistent with the Constitution Act, 1982 and the Charter of Rights and Freedoms and are of no force and effect. The Court further refused to quash the decision of the Law Society’s Practice Standards Committee to conduct a practice review in respect of the Petitioner on the grounds that it was contrary to the principles of natural justice and made in bad faith.

Administrative law – Barristers and solicitors – Boards and tribunals – Disciplinary proceedings – Charter of Rights – Application to disciplinary proceedings – Validity of legislation – Judicial review – Natural justice – Disclosure of third party records – Solicitor-client privilege Greene v. Law Society of British Columbia, [2005] B.C.J. No. 586, British Columbia Supreme Court, March 21, ...

The Court dismissed this application by a journalist and his employer, the Canadian Broadcasting Corporation, for judicial review of a decision of the Respondent’s Board of Inquiry which had denied the Applicants access to the Board’s hearings into the fires aboard the HMCS Chicoutimi

Administrative law – National defence – Freedom of information and protection of privacy – Media access to hearings – Judicial review – Quasi-judicial tribunals – In camera hearings – Procedural requirements and fairness – Discretion of delegated authority – Standard of review – Correctness – Reasonableness simpliciter Gordon v. Canada (Minister of National Defence), [2005] ...