The Appellant hospital appealed from a decision concluding that the Hospital Privileges Appeal Board had jurisdiction to hear the Respondent doctor’s appeal from a refusal by the hospital’s Operating Room Committee to increase his operating room time. The Court allowed the appeal, finding that the reviewing judge had failed to consider the preliminary question of whether the doctor had, as required, raised an issue of law in order to appeal from the Board’s decision, and also in applying the correctness standard to the Board’s decision. The appropriate standard of review is reasonableness, and the failure of the majority to provide reasons meant it was impossible to determine if the decision was reasonable.

23. September 2008 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Jurisdiction of tribunal – Physicians and surgeons – Hospital privileges – Appeals – Compliance with legislation – Judicial review – Standard of review – Reasonableness simpliciter – Correctness – Failure to provide reasons Macdonald v. Mineral Springs Hospital, [2008] A.J. No., 891, Alberta ...

The Court allowed the appeal of a company from a decision of the Subdivision and Development Appeal Board of Parkland County regarding a stop order issued to the appellant for unauthorized storage of pipe on its land. Unbeknownst to the appellant, the County’s Manager of Planning and Development Services remained in the hearing room while the Board deliberated and decided the appeal, thereby giving rise to a reasonable apprehension of bias.

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Subdivision and Development Appeal Board – Municipalities – By-laws – Judicial review – Hearings – Conduct of hearings – Procedural requirements and fairness – Reasonable apprehension of bias – Standard of review – Correctness 506221 Alberta Ltd. v. Parkland (County), [2008] A.J. No. 261, Alberta Court of ...

The Court dismissed an appeal by a regional municipality, which took the position that a discrimination complaint fell within the exclusive jurisdiction of a labour arbitrator appointed pursuant to the collective agreement, and that the Nova Scotia Human Rights Commission could thus not investigate the complaint. The Court upheld the decision of the chambers judge who had found that the Commission had concurrent jurisdiction.

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Human Rights Commission – Jurisdiction – Municipalities – Human rights complaints – Discrimination – Race – Judicial review – Compliance with legislation – Labour law – Collective agreements – Arbitration – Jurisdiction of labour arbitrator to hear human rights complaints Halifax Regional Municipality v. ...

The University applied for judicial review of an interim award of an arbitration panel which had found that a grievance brought by the Respondent, a medical resident, was arbitrable pursuant to the collective bargaining agreement. The University challenged the jurisdiction of the arbitration panel on the ground that the issue was academic in nature and thus not arbitrable. The application was dismissed.

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Universities – Student discipline – Medical residents – Harassment – Judicial review – Labour law – Collective agreements – Arbitration – Jurisdiction of labour arbitrator to hear disciplinary grievances University of Saskatchewan v. Wilde, [2007] S.J. No. 736, Saskatchewan Court of Queen’s Bench, October ...

The Court dismissed an appeal and petition filed in the Court in response to administrative action taken by the Respondent Commission on the basis that the appeal and petition were both premature. The Petitioner had failed to bring the proper administrative appeal as required by the legislation.

26. February 2008 0
Administrative law – Decisions of administrative tribunals – Financial Services Commission – Judicial review – Discretion of delegated authority – Statutory powers – Compliance with legislation – Procedural requirements and fairness North York Community Credit Union v. British Columbia (Financial Institutions Commission), [2007] B.C.J. No. 2715, British Columbia Supreme Court, December 20, 2007, I.H. Pitfield ...

A construction company appealed a chambers judge’s decision which had overturned the Human Rights Panel’s determination and finding that the Respondent had been the victim of discrimination because of the company’s drug testing policy. The chambers judge’s conclusion that the effect of the company’s policy was to exclude the Respondent from employment on the basis of perceived disability could not be sustained. There was a clear connection between the policy and its purpose, which was to reduce workplace accidents by prohibiting workplace impairment.

26. February 2008 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Drug and alcohol testing – Policies – Discrimination – Disability – Duty to accommodate – Employment law – Termination of employment – Judicial review – Standard of review – Correctness – Patent unreasonableness Alberta (Human Rights and Citizenship Commission) ...

The Court quashed a decision of the Appeals Committee of the respondent College refusing to readmit the applicant. The Committee’s reasons were inadequate and amounted to a breach of procedural fairness, and were so sparse as to render the decision unreasonable on the merits.

26. February 2008 0
Administrative law – Universities and colleges – Students – Admissions – Student discipline – Hearings – Procedural requirements and fairness – Failure to provide reasons – Judicial review – Standard of review – Reasonableness simpliciter Zeliony v. Red River College, [2007] M.J. No. 470, Manitoba Court of Queen’s Bench, December 11, 2007, G.D. Joyal J. ...

The Court dismissed an application for a judicial review of a decision of the Director of Human Rights, directing that a complaint against the Appellant proceed to a hearing before an adjudication panel of the Northwest Territories Human Rights Commission. The Court found that there was no breach of procedural fairness, abuse of discretion, or errors of law.l

26. December 2007 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter – Correctness Diavik Diamond Mines Inc. v. Northwest Territories (Director of Human Rights), [2007] N.W.T.J. No. 89, Northwest Territories Supreme Court, ...

The Court allowed an Appeal by a licensed practical nurse from a finding of misconduct in relation to the Appellant’s failure to report an incident. The Court found that the incident was very minor and that it was not reasonable to find a requirement to report that would attract discipline and a sanction which would seriously affect the member’s ability to work.

26. December 2007 0
Administrative law – Decisions of administrative tribunals – Council for Licensed Practical Nurses – Nurses – Disciplinary proceedings – Reporting requirements – Judicial review – Evidence – Burden of proof – Standard of review – Reasonableness simpliciter – Failure to provide reasons – Natural justice Walsh v. Council for Licensed Practical Nurses, [2007] N.J. No. ...