Three graduates of non-Canadian dentistry schools (the “Applicants”) were unsuccessful in their applications for judicial review of the decisions of the Alberta Dental Association and College and the associated Council denying their registration and licensing attempts to become dentists who could practice in Alberta

28. December 2004 0
Administrative law – Dentists – Governance – Licence to practice – Examinations – Foreign graduates – Decisions of administrative tribunals – Dental Association and College – Judicial review – Standard of review – Patent unreasonableness – Limitations Patterson v. Alberta Dental Assn. And College, [2004] A.J. No 1162, Alberta Court of Queen’s Bench, October 14, 2004, ...

A fisherman (“Decker”) succeeded on his application for judicial review of the decision of the Minister of Fisheries and Oceans (the “Minister”) refusing his application for a shrimp licence

28. December 2004 0
Administrative law – Fisheries – Licence applications – Permits and licences – Decisions of administrative tribunals – Ministerial – Judicial review – Evidence Decker v. Canada (Attorney General), [2004] F.C.J. No 1762, Federal Court, October 20, 2004, O’Keefe J. Decker was a core enterprise fisher in Newfoundland and Labrador holding a groundfish licence. In April of 1997, the ...

A motorist who had received three roadside suspensions within two years (“Gyles”) was unsuccessful in his appeal of the dismissal of his application for judicial review of the decision of the Superintendent of Motor Vehicles (the “Superintendent”) prohibiting him from driving. Gyles had failed to submit to a required medical examination.

28. December 2004 0
Administrative law – Decisions of administrative tribunals – Motor vehicles – Suspension of driver’s licence – Evidence – Mandatory medical examination – Judicial review – Compliance with legislation Gyles v. British Columbia (Superintendent of Motor Vehicles), [2004] B.C.J. No 2158, British Columbia Court of Appeal, October 21, 2004, Finch C.J.B.C., Esson and Newbury JJ.A. The Court of ...

An unregistered egg farmer (“Donszelmann”), who had shown a complete disregard for the licensing and quota provisions of the Marketing of Agricultural Products Act S.A. 1987, c. M-5.1 (the “Act”) and its Regulations, was ordered to pay service charges in respect of egg production during a specified period to The Alberta Egg Producers Board (the “Board”)

28. December 2004 0
Administrative law – Decisions of administrative tribunals – Egg Producers Board – Penalties – Service fees – Judicial review – Compliance with legislation Alberta Egg Producers Board v. Donszelmann, [2004] A.J. No. 1148, Alberta Court of Queen’s Bench, October 4, 2004, Johnstone J. Donszelmann had 6,000 hens removed from his farm pursuant to a Court order. ...

A lawyer (“Arsenault”) obtained an order quashing an interim suspension imposed upon him by the Law Society of New Brunswick (the “Law Society”) on the basis that he was not afforded procedural fairness

28. December 2004 0
Administrative law – Barristers and solicitors – Disciplinary proceedings – Penalties – Suspension – Judicial review – Administrative decisions – Procedural requirements and fairness Arsenault v. Law Society of New Brunswick, [2004] N.B.J. No 395, New Brunswick Court of Queen’s Bench, August 10, 2004, Russell J. On May 10, 2004, Arsenault was suspended from practising law ...

A former employee of Metroland who suffered a non-work related injury, was accommodated in a more sedentary position but later was unable to reach the second floor to comfortably continue work (“Losenno”), was unsuccessful in his application for judicial review of two decisions of the Ontario Human Rights Commission (“Commission”) wherein they held that they would not refer his complaint of discrimination in employment to a Board of Inquiry for a full hearing

24. August 2004 0
Losenno v. Ontario (Human Rights Commission), [2004] O.J. No. 2667, Ontario Superior Court of Justice – Divisional Court, June 21, 2004, O’Driscoll, Lane and Jennings JJ. Losenno began working for Metroland as a press helper. He later became a rollman’s helper, which involved physical labour. He injured his knee off the job and Metroland accommodated ...

The York Catholic District School Board (“School Board”) appealed aspects of the Ontario Municipal Board’s (“OMB”) decisions in respect of expropriation of land for a school site from a developer (“Bernard”). Bernard cross-appealed. The OMB decisions were largely upheld.

24. August 2004 0
Bernard Homes Ltd. v. York Catholic District School Board, [2004] O.J. No. 2650, Ontario Superior Court of Justice, June 22, 2004, O’Driscoll, McCombs and Wilson JJ. Bernard developed, for residential and commercial purposes, a 61 hectare parcel in Richmond Hill between 1989 and 1995. A condition of approval of Bernard’s plan of subdivision, imposed by ...

Powerex applied for an order recognizing and enforcing an arbitration award made in Portland, Oregon against Alcan. Alcan had applied in the United States to have the award set aside. Alcan argued, and the Court agreed, that the enforcement of the award should be adjourned pending the outcome of the United States appeal, with security to be paid to Powerex.

24. August 2004 0
Powerex Corp. v. Alcan Inc., [2004] B.C.J. No. 1349, British Columbia Supreme Court, June 30, 2004, Brown J. In 1997, Alcan was required to supply a given amount of power to B.C. Hydro. Alcan designated Enron Power Marketing Inc. as the supplier, but remained liable for full and proper performance of its obligations and those ...

A man who was found not criminally responsible (“NCR”) on account of mental disability for the offence of murder (“Wiebe”) successfully appealed from a disposition review and order of the Manitoba Review Board (the “Board”) that he should be detained without treatment

24. August 2004 0
Manitoba (Attorney General) v. Wiebe, [2004] M.J. No. 247, Manitoba Court of Appeal, June 25, 2004, Scott C.J.M., Hamilton and Freedman JJ.A. Wiebe was found to be NCR in December of 2001. At trial, a psychiatrist, a psychologist and a forensic psychiatrist gave opinion evidence that Wiebe had a borderline personality disorder (BPD), and had ...