The Alberta Court of Appeal held that there is no human rights defence to a professional who steals narcotics and forges related records, notwithstanding that the professional has a narcotic dependency

23. October 2012 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Nurses – Disciplinary proceedings – Professional misconduct / conduct unbecoming –  Addiction –  Penalties and suspensions – Human rights complaints – Discrimination – Judicial review –  Evidence Wright v. College and Assn. of Registered Nurses of Alberta (Appeals Committee), [2012] A.J. No. 943, ...

The suspension of a physician’s license by its regulatory body, based on a single complaint from a patient and a collection of innuendo and hearsay from colleagues, was quashed. The suspension was not justified as physician was given no notice or opportunity to be heard.

23. October 2012 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Public interest – Penalties and suspensions – Judicial review – Procedural requirements and fairness – Notice of complaint Youssef v. College of Physicians and Surgeons of New Brunswick, [2012] N.B.J. No. 289, 2012 NBQB ...

The Federal Court of Appeal held that there was nothing in the Canadian Wheat Board Act (“CWBA”) which suggested that the federal government fettered the authority of the Minister of Agriculture to introduce and recommend legislation to repeal the substantive provisions of the CWBA or the Marketing Freedom for Grain Farmers Act itself

Administrative law – Decisions of administrative tribunals – Ministerial – Canadian Wheat Board – Natural resources – Agriculture – Government – Legislation – Judicial review –  Compliance with legislation –  Statutory interpretation – Standard of review – Correctness – Remedies – Declaratory relief  Friends of the Canadian Wheat Board v. Canada (Attorney General), [2012] F.C.J. ...

The Ontario Municipal Board awarded the former owners of expropriated property $3,700,000 for the market value of the expropriated property and $767,000 for the loss in value of properties not expropriated. This decision was upheld by the Divisional Court. The City of Windsor (the “City”) successfully appealed the decision of the Divisional Court which upheld the decision made by the Ontario Municipal Board (the “Board”).

Administrative law – Municipalities – Expropriation – Planning and zoning – Property assessment – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter – Remedies – Damages Windsor (City) v. Paciorka Leaseholds Ltd., [2012] O.J. No. 2822, 2012 ONCA 431, Ontario Court of Appeal, June 22, 2012, D.H. Doherty and H.S. ...

The proper way to attack decisions made by administrative bodies is through judicial review. It is not permissible to circumvent this process by dressing up a review of a decision of an administrative tribunal as an application falling under the rules of civil procedure.

Administrative law – Decisions of administrative  tribunals – Police Review Board – Police  –  Governance – Criminal records request – Judicial review  –  Administrative decisions –  Jurisdiction of court – Compliance with legislation – Procedural requirements and fairness J.N. v. Durham (Regional Municipality) Police Service, [2012] O.J. No. 2809, 2012 ONCA 428, Ontario Court of ...

The applicant, The Society for the Prevention of Cruelty (the “Society”), sought an Order against the respondents, the former branch of the Society, requiring the respondents to vacate and turn over possession of all property with respect to an animal shelter located at 401 East Broadway, Sydney, Nova Scotia. The issue before the Court was whether it should grant the applicant’s motion for an interim injunction, pending a final hearing on the merits of the application, based on the tripartite test for interim injunctions.

Administrative law – Decisions of administrative tribunals – SPCA – Associations and clubs – Governance – Animals – Seizure and disposition of animals – Remedies – Interlocutory injunctions – Judicial review – Applications Society for the Prevention of Cruelty v Cape Breton Human Society, [2012] N.S.J. No. 164, 2012 NSSC 128, Nova Scotia Supreme Court, ...

The staff of the Securities Commission appealed an order directing them to answer a discovery question. The appeal was allowed and the matter was remitted to the Commission. The dispute was a matter falling squarely within the regulatory mandate and expertise of the Commission.

Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Practice and procedure – Examination for discovery – Judicial review – Legislative compliance – Jurisdiction of court – Privilege and immunity – Evidence  – Disclosure – Relevance of information disclosed Nova Scotia (Securities Commission) v. Potter, [2012] N.S.J. ...

A municipal counsillor who previously expressed a definitive opinion on the topic of appeal ought to have been recused from hearing the appeal. Failure to recuse the counsillor resulted in the Alberta Court of Appeal granting leave to the applicant on the basis that there was a reasonable apprehension of bias.

Administrative law – Decisions of administrative tribunals – Municipal Planning Commission – Permits and licences – Appeals and leave to appeal – Municipalities – By-laws – Judicial review – Evidence – Reasonable apprehension of bias – test Beaverford v. Thorhild (County No. 7), [2012] A.J. No. 288, 2012 ABCA 99, Alberta Court of Appeal, March 28, ...

The duty of fairness dictates that a decision maker cannot be involved in every level of an applicant’s proceedings. Such involvement creates a reasonable apprehension of bias. This can apply even if the ultimate issue becomes moot.

28. February 2012 0
Administrative law – Decisions of administrative tribunals – University Committees – Universities – Evaluation of professors – Judicial review – Bias – Mootness – Procedural requirements and fairness – Natural justice Said v. University of Ottawa, [2011] O.J. No. 6043, 2011 ONSC 6179, Ontario Superior Court of Justice, Divisional Court, December 30, 2011, J.D. Cunningham ...