The Court allowed, in part, an appeal from a decision of the Discipline Committee of the Respondent College, finding professional misconduct against the Appellant. The Court found that the panel’s decision on the merits was reasonable, but that the penalty they imposed was beyond the limits of reasonableness in the circumstances of a first-time, young offender.

26. December 2007 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Psychiatric Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual relations with former patient – Penalties and suspensions – Judicial review – Evidence – Burden of proof – Standard of review – Reasonableness simpliciter Duval v. College of Nurses of ...

The Human Rights Tribunal had found that the Petitioners had discriminated against the Respondent by refusing him taxi service based on his physical disability. The reviewing court upheld the finding of discrimination as reasonable, but set aside the monetary penalty, as the Petitioners had not been accorded a right to respond on the issue of remedy.

28. August 2007 0
Administrative law – Human rights complaints – Discrimination – Disability – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review – Natural justice – Damages – Remedies Foglia v. Edwards, [2007] B.C.J. No. 1301, British Columbia Supreme Court, June 14, 2007, McEwan J. The Respondent had filed a complaint alleging discrimination against the Petitioners on the basis ...

The Appellant appealed from a decision of the Human Rights Tribunal, finding that he had violated provisions of the Human Rights Code when he terminated the employment of two Complainants. The Tribunal had ordered the Appellant to pay damages to the Complainants and also made three “public interest orders”. The Court varied the compensation awards and set aside the public interest orders, finding that they were unsupported by any reasons.

28. August 2007 0
Administrative law – Human rights complaints – Discrimination – Gender – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review – Similar fact evidence – admissibility – Failure to provide adequate reasons – Natural justice Papa Joe’s Pizza v. Ontario (Human Rights Commission), [2007] O.J. No. 2499, Ontario Superior Court of Justice, June 26, 2007, D.R. ...

The Applicant applied for an order to cancel the revocation of his firearms licence by a firearms officer, arguing that the revocation was unreasonable because the officer’s investigation was procedurally flawed and violated the rules of natural justice. The Court dismissed the application, finding that there was no obligation under the Firearms Act for the officer to disclose the case against the Applicant and to provide him with an opportunity to be heard before the officer made his decision.

28. August 2007 0
Administrative law – Decisions of administrative tribunals – Firearms Officer – Firearms – licences – Judicial review – Procedural requirements and fairness – Natural justice – Bias – Compliance with legislation – Standard of review – Reasonableness simpliciter McDonald (Re), [2007] B.C.J. No. 1318, British Columbia Provincial Court, June 13, 2007, A.E. Rounthwaite The Applicant applied for ...

A teacher appealed the College’s decision finding him guilty of conduct unbecoming a member of the profession, for off-duty conduct in which the teacher fired a shot over the heads of his sons during a domestic dispute. The Court allowed the appeal, finding that the panel had failed to address how the impugned conduct had any effect on the school system or on the teacher’s ability to carry out his professional obligations, and that the College’s reasons did not address his conduct that led to the conclusion that discipline was warranted.

28. August 2007 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Criminal charges – Decisions of administrative tribunals – College of Teachers – Appeals – Judicial review – Standard of review – Reasonableness simpliciter – Correctness – Evidence – Off-duty conduct Fountain v. British Columbia College of Teachers, [2007] B.C.J. No. 1260, British Columbia Supreme ...

The Applicant applied for an order in the nature of certiorari to quash the decision of the Attorney General not to proceed with criminal charges against two individuals. The Court dismissed the application on the basis that there was no evidence of “flagrant impropriety”.

26. June 2007 0
Administrative law – Decisions of Attorney General – Prosecutorial discretion – Judicial review – Standard of review – Flagrant impropriety – Evidence – Statutory provisions – Criminal Code – Charter of Rights and Freedoms Chen v. Alberta, [2007] A.J. No. 458, Alberta Court of Queen’s Bench, April 24, 2007, W.E. Wilson J. The Applicants were followers of the ...

The Court dismissed an application for judicial review of the decision of an arbitration panel under the Labour Relations Code, R.S.A. 2000, c. L-1. The Court found that the panel’s decision in respect of a teacher’s final salary payout was reasonable.

26. June 2007 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Labour law – Collective agreements – Pensions – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Wild Rose School Division No. 66 v. Alberta Teachers’ Assn, [2007] A.J. No. 480, Alberta Court of Queen’s Bench, April 30, 2007, W.E. Wilson ...

The Petitioner applied for judicial review of two decisions made by the Ethics and Discipline Committee of the British Columbia College of Chiropractors, the first dismissing the Petitioner’s complaint against the Respondent, and the second confirming that dismissal. The Court dismissed the petition, finding that the Petitioner did not have standing to require the Court to review the College’s decision. However, the Court accepted the Petitioner’s submission, in obiter, that the College’s interpretation of section 20 of the Chiropractors Act was incorrect.

26. June 2007 0
Administrative law – Decisions of administrative tribunals – College of Chiropractors – Disciplinary proceedings – Use of title – Judicial review – Compliance with legislation – Interpretation of legislation – Jurisdiction – Standard of review – Correctness Pound v. Lunney, [2007] B.C.J. No. 794, British Columbia Supreme Court, April 20, 2007, Halfyard J. The Respondent had ...

The Applicant appealed the decision of the Respondent Association who had found that he had violated the Code of Ethics and Standards of Business Practice of the Association. The Court dismissed the application, finding that the Association’s decision was reasonable.

26. June 2007 0
Administrative law – Decisions of administrative tribunals – Real estate agents – Disciplinary proceedings – Penalties – Judicial review – Compliance with legislation – Natural justice – Failure to provide reasons – Standard of review – Reasonableness simpliciter Rowan v. New Brunswick Real Estate Assn., (in French) [2007] N.B.J. No. 124, New Brunswick Court of Queen’s Bench, ...