The court set aside a decision of the Respondent to cancel a “final” certificate of inspection on the Applicant’s shipment of wheat after it had been shipped and sold on the basis of the inspection certificate. The Respondent had the regulatory power, which it had not exercised, to do what it had done, but the court could not give administrative practice the force of law by implying a power which the Respondent had failed to exercise by regulation.

23. November 2004 0
Administrative law – Decisions of administrative tribunals – Canadian Grain Commission – Certificate of inspection – Powers to cancel – Regulatory powers of tribunals – Functus officio – Limitations – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Correctness Saskatchewan Wheat Pool v. Canada (Canadian Grain Commission), [2004] F.C.J. No. 1568, Federal ...

The court declined to exercise its habeas corpus jurisdiction upon an application by an inmate in administrative segregation on the grounds that there were other alternative means by which the Applicant may have contested his detention

23. November 2004 0
Administrative law – Prisons – Discipline of inmates – Remedies – Habeas corpus – Alternative remedies Condo v. Bath Institution, [2004] O.J. No. 3760, Ontario Superior Court of Justice, September 14, 2004, Polowin J. The Applicant was serving a five-year prison sentence in a medium security institution. He had been placed in administrative segregation, pursuant to ...

The court held that the application judge had erred by applying a standard of correctness on review of an Acting Park Superintendent’s interpretation of a park management plan and by finding that the Applicant (Respondent on appeal) was denied procedural fairness in relation to its request for use of a private road located in a provincial park. At its highest, the applicable standard for review was reasonableness, and the Superintendent’s interpretation was not unreasonable.

23. November 2004 0
Administrative law – Decisions of administrative tribunals – Park Superintendent – Road access – Judicial review – Standard of review – Reasonableness simpliciter – Procedural requirements and fairness 2016596 Ontario Inc. v. Ontario (Minister of Natural Resources), [2004] O.J. No. 3922, Ontario Court of Appeal, September 28, 2004, Simmons and Armstrong JJ.A. and Lane J. (ad ...

The court dismissed an appeal overturning a decision of the Financial Services Tribunal which had held that section 70(6) of the Ontario Pension Benefits Act, R.S.O. 1990, c. P.8, does not require a distribution of the actuarial surplus when there is a partial wind-up of an Ontario defined benefit pension plan

28. September 2004 0
Administrative law – Decisions of administrative tribunals – Financial Services Commission – Pension plans – winding-up – surplus – Judicial review – Compliance with legislation – Standard of review – Correctness – Statutory interpretation – Legislation Monsanto Canada Inc. v. Ontario (Superintendent of Financial Services), [2004] S.C.J. No. 51, Supreme Court of Canada, July 29, 2004, McLachlin ...

An application was granted for an order of certiorari to quash a resolution of the Medical Advisory Committee of the Winnipeg Regional Health Authority that suspended the Applicant doctor’s medical staff privileges pending the outcome of a hearing into certain complaints against him. The Applicant’s privileges were re-instituted subject to certain conditions.

28. September 2004 0
Administrative law – Physicians and surgeons – Competence – Hospital privileges – Suspensions – Hearings – Judicial review – Natural justice – Procedural requirements and fairness – Administrative decisions – Bias – Remedies – Certiorari – Injunctions Fong v. Winnipeg Regional Health Authority, [2004] M.J. No. 299, Manitoba Court of Queen’s Bench, July 30, 2004, Beard J. The ...

The New Brunswick Court of Appeal held that the Court of Queen’s Bench did not have jurisdiction to hear and determine the Appellant’s application for a judicial review of a decision of the New Brunswick Board of Commissioners of Public Utilities, since the appellant was a “public utility” and its avenue of appeal was directly to the Court of Appeal. The limitation period had expired and the Board’s decision was beyond judicial review.

28. September 2004 0
Administrative law – Decisions of administrative tribunals – Board of Commissioners of Public Utilities – Judicial review application – Jurisdiction of court – Public utility – definition – Compliance with legislation – Limitations Cooperators General Insurance Co. v. New Brunswick (Board of Commissioners of Public Utilities), [2004] N.B.J. No. 289, New Brunswick Court of Appeal, July 22, 2004, ...

The court dismissed a motion to quash an application for judicial review on the basis that the Applicant had an adequate alternative remedy in the form of a full hearing before a panel of the University Discipline Tribunal. The court allowed the Applicant’s cross-motion to stay the hearing of the Discipline Tribunal pending the resolution of the application for judicial review.

28. September 2004 0
Administrative law – Universities – Student discipline – Remedies – Alternative remedies – Judicial review application – Striking out – Bias – Jurisdiction – Stay of proceedings Freeman-Maloy v. York University, [2004] O.J. No. 3123, Ontario Superior Court of Justice, July 20, 2004, Epstein J. The Applicant was a student activist at York University who had engaged ...

An adjudicator’s decision which confirmed a driving prohibition under the Motor Vehicle Act was set aside on the basis that the adjudicator erred in relying on a Report to Crown Counsel which did not form part of a sworn or affirmed report from a peace officer, as required by the Act

Administrative law – Motor vehicles – Suspension of driver’s licence – Adjudication – Decisions of administrative tribunals – Judicial review – Compliance with legislation – Procedural requirements and fairness Neill v. British Columbia (Superintendent of Motor Vehicles), [2004] B.C.J. No. 1197, British Columbia Supreme Court, June 10, 2004, Cullen J. The Petitioner sought a review of an ...

An appeal from a decision of the Discipline Committee of the Ontario College of Teachers was dismissed as the court found that the Committee’s decision was reasonable, it had jurisdiction to deal with discipline matters arising out of conduct which occurred before the College came into existence, and the delay involved did not amount to abuse of process

Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Decisions of administrative tribunals – College of Teachers – Judicial review – Compliance with legislation – Procedural requirements and fairness – Delay – Jurisdiction of tribunal Bhadauria v. Ontario College of Teachers, [2004] O.J. No. 2468, Ontario Superior Court of Justice, June 9, ...