A chiropractor was unsuccessful on appeal from an order of the Joint Chiropractic Professional Review Committee (the “Committee”). The order that his billings be reduced by about $62,000.00 was upheld.

25. May 2010 0
Administrative law – Decisions of administrative tribunals – College of Chiropractors – Investigations – Chiropractors – Disciplinary proceedings – Billing matters – Pattern of practice – Judicial review – Natural justice – Evidence – Notice – Standard of review – Reasonableness simpliciter New v. Saskatchewan (Minister of Health), [2010] S.J. No. 155, 2010 SKQB 111, ...

A woman (“Hudson”) who was denied a person with disabilities (“PWD”) designation within the meaning of section 2 of the Employment and Assistance for Persons with Disabilities Act, S.B.C. 2002, c. 41 (the “Act”) by the Employment and Assistance Appeal Tribunal, succeeded in having that determination set aside and the matter remitted back to a newly constituted Panel

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Employment and Assistance Appeal Tribunal – Employment law – Benefits – Judicial review – Failure to provide reasons – Evidence – Procedural requirements and fairness – Privative clauses – Standard of review – Correctness – Patent unreasonableness Hudson v. British Columbia (Employment and Assistance Appeal Tribunal), [2009] ...

On appeal, the College of Opticians of British Columbia (the “College”) succeeded in obtaining an injunction prohibiting two contact lens companies (“Coastal/Clearly”) from selling contact lenses to members of the public without securing written prescriptions in advance. Coastal/Clearly were given six months to become compliant with the applicable regulation before the injunction would take effect.

24. November 2009 0
Administrative law – Decisions of administrative tribunals – College of Opticians – Opticians – Public interest – Supervision – Judicial review – Compliance with legislation – Standard of review – Correctness – Remedies – Injunctions – Self-governing professions – Statutory provisions College of Opticians of British Columbia v. Coastal Contacts Inc., [2009] B.C.J. No. 2099, ...

A housing cooperative (“Lavender”) succeeded in quashing a decision of the B.C. Human Rights Tribunal (“BCHRT”) which had held that Lavender’s One Member Rule discriminated against a widow on the basis of her marital and family status

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Marital status – Housing co-operative – Membership – Judicial review – Standard of review – Reasonableness simpliciter – Correctness Lavender Co-Operative Housing Association v. Ford, [2009] B.C.J. No. 2081, British Columbia Supreme Court, October 21, 2009, V. ...

A veterinarian who had practised in India (“Dr. Joshi”) achieved partial success in appealing the decision of the Council of the B.C. Veterinary Association (the “Association’) refusing to admit him as a member

22. April 2008 0
Administrative law – Decisions of administrative tribunals – Veterinary Association – Veterinarians – Licence to practice – Unauthorized practice – Regulatory powers of tribunals – Judicial review – Natural justice – Procedural requirements and fairness – Evidence – Jurisdiction – Witnesses Joshi v. British Columbia Veterinary Medical Association, [2008] B.C.J. No. 298, 2208 BCSC 208, ...

An employee (“Dunsmuir”) who was dismissed from his employment at the Department of Justice of the Province of New Brunswick (the “Province”) was unsuccessful in appealing the dismissal. The pragmatic and functional approach was replaced with a standard of review analysis with only two standards of review (correctness and reasonableness) for courts reviewing decisions of administrative tribunals. No consideration needed to be given to a public law duty of procedural fairness because the employment relationship between Dunsmuir and the Province was governed by private law and contract law.

22. April 2008 0
Administrative law – Employment law – Terms of agreement – Termination of employment – Adjudications – Jurisdiction – Decisions of administrative tribunals – Labour and employment boards – Judicial review – Patent unreasonableness – Reasonableness simpliciter – Correctness – Procedural requirements and fairness – Privative clauses – Compliance with legislation Dunsmuir v. New Brunswick, [2008] ...

A physician (“Cimolai”) appealed from an Order dismissing his petition attempting to prohibit Children’s and Women’s Health Centre (“the Hospital”) from (1) proceeding under its human rights policy to investigate complaints against him made by another physician,(2) requiring the Hospital to reinstate him and (3) requiring them to pay him all of his lost benefits during the period of suspension in 2001

22. January 2008 0
Administrative law – Physicians and surgeons – Hospital privileges – Judicial review – Remedies – Alternative remedies – Human rights complaints – Harassment – Investigations – Procedural requirements and fairness – Report, adequacy of Cimolai v. Children’s and Women’s Health Centre of British Columbia, [2007] B.C.J. No. 2473, British Columbia Court of Appeal, November 22, ...

Two pharmacies (the “Pharmacies”) were unsuccessful in their appeal from a decision of the Supreme Court of British Columbia refusing to grant an Order prohibiting the Duputy Minister of Health (the “Minister”) from relying on allegedly irrelvant considerations when reconsidering whether to terminate the Pharmacy Participation Agreements under which the Pharmacies had been permitted to dispense prescription drugs to customers through a government subsidy scheme known as PharmaCare

22. January 2008 0
Administrative law – Decisions of administrative tribunals – Ministerial – Pharmacy Participation Agreements – Public interest – Pharmacists – Billing matters – Termination of contracts – Judicial review – Compliance with legislation – Procedural requirements and fairness – Evidence – Admissibility – Criminal conviction Delivery Drugs Ltd. (c.o.b. Gastown Pharmacy) v. British Columbia (Deputy Minister ...

A cardiologist (“Dr. Rosenhek”) was successful in establishing an entitlement to damages arising out of a denial of natural justice in the revocation of his hospital privileges

22. January 2008 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Hearings – Conduct of hearings – Hearing de novo – Physicians and surgeons – Hospital privileges – Judicial review – Procedural requirements and fairness – Natural justice – Evidence – Damages Rosenhek v. Windsor Regional Hospital, [2007] O.J. No. 4486, Ontario Superior Court ...