Lack of procedural fairness by an administrative tribunal resulted in the British Columbia Supreme Court referring the matter back to the administrative tribunal on an expedited basis with the registrant member having the opportunity to make submissions on conditions, versus suspension

24. May 2011 0
Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Inquiry committee decisions – Dentists – Disciplinary proceedings – Penalties and suspensions – Judicial review – Procedural requirements and fairness – Notice – Failure to provide reasons – Confidentiality Stelmaschuk v. College of Dental Surgeons of British Columbia, [2011] B.C.J. No. 750, ...

The appellant owned race tracks. The respondent owned race horses. The appellant refused to permit the respondent to race his horses at its tracks unless he signed its Access Agreement (“agreement”) which provided the terms of entry and a formula for sharing wagering revenue. The respondent refused to sign the agreement and sought a declaration from the Ontario Racing Commission (“Commission”) that he could not be required to sign the agreement. The Commission dismissed the application. Upon judicial review, the Divisional Court found the decision to be unreasonable and ordered that appellant be prohibited from excluding the respondent’s horses solely on the basis that he did not sign the agreement. In this case, the appellant appealed the Divisional Court’s decision and the Ontario Court of Appeal restored the Commission’s original decision.

24. May 2011 0
Administrative law – Decisions of administrative tribunals – Horse Racing – Racing Commission – Government – Gaming and betting – Public interest – Judicial review – Natural justice – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Whelan v. Ontario (Racing Commission), [2011] O.J. No. 1748, 2011 ONCA 299, Ontario Court of ...

In a judicial review proceeding, the Nova Scotia Supreme Court declined to exercise its power to quash a decision made by the Assistance Appeal Board which awarded a mother of a special needs child increased funding to pay personal care workers for their assistance with her son. This was notwithstanding the existence of a directive that limited the amount of funding available for respite help.

24. May 2011 0
Administrative law – Decisions of administrative tribunals – Assistance Appeal Board – Government – Funding of programs – Social assistance – Home care for disabled – Judicial review – Compliance with legislation – Standard of review – Correctness   Nova Scotia (Department of Community Services) v. Boudreau, [2011] N.S.J. No. 193, 2011 NSSC 126, Nova Scotia ...

A paralegal was unsuccessful in his motion for stay of suspension of a licence to practice

22. March 2011 0
Administrative law – Decisions of administrative tribunals – Law Societies – Paralegals – Licence to practice – Accreditation – Misrepresentation – Stay of suspension – Public interest – Judicial review – Rules and by-laws – Interpretation Vincent v. Law Society of Upper Canada, [2011] O.J. No. 397, 2011 ONSC 476, Ontario Superior Court of Justice, ...

A medical student was unsuccesful in his application for the prerogative writ of certiorari as it is only available to a student who has been denied natural justice in the course of academic examinations

22. March 2011 0
Administrative law – Decisions of administrative tribunals – University Committees – Rules and by-laws – Universities – Students – Assessment of grades – Judicial review – Jurisdiction – Procedural requirements and fairness – Remedies – Certiorari Sahi v. University of Saskatchewan, [2011] S.J. No. 59, 2011 SKQB 49, Saskatchewan Court of Queen’s Bench, January 28, ...

A landowner appealed a ruling that set aside a decision to award the landowner costs incurred in arbitration proceedings and a related action that was in regard to a single claim for compensation in respect to a single expropriation matter. The Supreme Court of Canada allowed the appeal.

11. March 2011 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Expropriation – Judicial review – Compliance with legislation – Costs – Standard of review – Reasonableness simpliciter Smith v. Alliance Pipeline Ltd., [2011] S.C.J. No. 7, 2011 SCC 7, Supreme Court of Canada, February 11, 2011, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, ...

Supervisors of the applicant registered nurse filed a complaint against her with the College of Registered Nurses of Nova Scotia. Following an investigation, the complaint was dismissed. The applicant then filed a complaint against each of the individuals that had filed a complaint about her, alleging that pursuing and filing the formal complaint constituted, inter alia, professional misconduct, willful misconduct, malice and slander. The complaints were dismissed by the Complaints Committee. The applicant sought judicial review of the dismissals.

22. February 2011 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Investigations – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Reporting requirements – Judicial review – Standard of review – Reasonableness simpliciter MacDonald v. College of Registered Nurses of Nova Scotia, [2010] N.S.J. No. 661, 2010 NSSC 430, Nova Scotia ...

Personal emails sent by a City employee at his workplace were not held subject to freedom of information legislation and thus disclosed to members of the public. In this case the City of Ottawa was not required to disclose personal emails sent by its solicitor to the respondent because the City’s solicitor’s personal emails had nothing to do with his work for the City.

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Municipal employees – Disclosure – Electronic records Ottawa (City) v. Ontario (Information and Privacy Commissioner), [2010] O.J. No. 5502, 2010 ONSC 6835, Ontario Superior Court of Justice, December 13, 2010, J.R.R. Jennings, A.M. Molloy and P.A. ...

The Canadian Recording Industry Association (“Association”) applied for judicial review of the decision of the Copyright Board (“Board”) with respect to the appropriate royalty rate payable under a tariff regarding permanent downloads, limited downloads and on-demand streaming. Specifically, the Association alleged that the Board applied the wrong standard of proof in relation to the determination of certain costs in the digital music business, that it erred in accepting inadmissible expert evidence, that it calculated the royalty rate on a faulty basis and that it failed to provide adequate reasons for its decision. The court dismissed the Association’s application. The court found that there was no basis in procedural fairness to challenge the manner in which the Board dealt with its evidence.

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Copyright Board – Intellectual property – Copyright – Recorded music – Regulation of rates – Judicial review – Evidence – Standard of proof – Procedural requirements and fairness – Failure to provide reasons Canadian Recording Industry Assn. v. Society of Composers, Authors and Music Publishers of Canada, ...