The Appellant, a registrant of the College of Physicians and Surgeons of Prince Edward Island, successfully appealed a decision which suspended him from practice for 42 months, on the basis that such a sanction was out of proportion with the professional misconduct engaged in and did not accord with the totality principle

Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and suspensions – Judicial review – Standard of review – Reasonableness simpliciter Matheson v. College of Physicians and Surgeons of Prince Edward Island, [2010] P.E.I.J. No. 10, ...

The BC Court of Appeal affirmed that an appellate tribunal can, where appropriate, cure breaches of natural justice or procedural fairness committed by an underlying tribunal

Administrative law – Decisions of administrative tribunals – Employment Standards Tribunal – Judicial review – Disclosure – Relevance of information disclosed – Appeals – Jurisdiction Taiga Works Wilderness Equipment Ltd. v. British Columbia (Director of Employment Standards), [2010] B.C.J. No. 316, 2010 BCCA 97, British Columbia Court of Appeal, February 25, 2010, R.T.A. Low, D.F. ...

This was an unsuccessfull appeal by appellant (“Lavigne”) of Department of Justice, Assessment Board’s decision not to consider him as a canditate for an employment opportunity

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Abuse of public office – Employment law – Competition for employment – Judicial review – Compliance with legislation – Statutory powers Lavigne v. Canada (Deputy Minister of Justice), [2009] F.C.J. No. 827, 2009 FC 684, Federal Court, July 2, 2009, Shore J. A manager at the Department ...

The appellant, Pope & Talbot, was granted cutting rights to land in the Arrow Boundary Forest District. Logging was carried out by a subcontractor, who in turn retained a falling subcontractor to cut the trees. The falling subcontractor mistakenly clear cut an area in contravention of the Forest Practices Code of British Columbia, R.S.B.C. 1996 (“the Code”). The District Manager found that the appellant, the contractor, and the falling subcontractor contravened the Code and imposed a penalty. The Court upheld that decision.

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Forest Appeals Commission – Penalties – Forest practices – Due diligence – test – Contracts – Subcontractors – Judicial review – Compliance with legislation – Standard of review – Correctness Pope & Talbot Ltd. v. British Columbia, [2009] B.C.J. No. 2492, 2009 BCSC 1715, British Columbia Supreme ...

The appellant, Ralph, sought unsuccessfully a judicial review of a decision of the Minister of Fisheries and Oceans (the “Minister”) which dismissed the appellant’s application for the reinstatement of a supplementary crab licence

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Fisheries – Licence applications – Judicial review – Natural justice Ralph v. Canada (Attorney General), [2009] F.C.J. No. 1556, 2009 FC 1239, Federal Court, December 4, 2009, Heneghan J. The appellant obtained a supplementary crab licence in 1988. At that time, the Crab Management Plan for the ...

The Appellant, Campbell, initiated an unsuccessful human rights complaint on the basis that her employer, the Canada Revenue Agency (“the CRA”), had discriminated against her on the basis of her disability

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Harassment – Investigations – Judicial review – Procedural requirements and fairness Campbell v. Canada (Attorney General), [2009] F.C.J. No. 1603, 2009 FC 1252, Federal Court, December 8, 2009, Harrington J. Campbell suffered from back pain ...

The appellant, Her Majesty the Queen in Right of Ontario (The Ministry of Transportation) successsfully appealed the decision of the Divisional Court to quash the Ministry of Transportation’s decision to award a major highway construction project to Thomas Cavanagh Construction Ltd (“Cavanagh”)

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Government contracts – Bidding and tendering – Judicial review – Procedural requirements and fairness Bot Construction Ltd. v. Ontario (Ministry of Transportation), [2009] O.J. No. 5309, 2009 ONCA 879, Ontario Court of Appeal, December 11, 2009, J.C. MacPherson, R.J. Sharpe, and E.A. Cronk JJ.A. The Ministry of ...

The Attorney-General successfully appealed a decision made by the Military Police Complaints Commission to investigate the treatment of detainees in Afghanistan, on the basis that such matters are beyond the jurisdiction of the Commission

24. November 2009 0
Administrative law – Military police – Disciplinary proceedings – Investigations – Public interest – Jurisdiction – Judicial review – Compliance with legislation – Statutory interpretation Canada (Attorney General) v. Amnesty International Canada, [2009] F.C.J. No. 1096, 2009 FC 918, Federal Court, September 16, 2009, Harrington J. The Respondent, Amnesty International, submitted two complaints to the ...

The Appellant, Milner Power Inc., successfully sought leave to appeal a decision made by the Alberta Energy and Utilities Board with regards to its decision to decline to hold a hearing into the Appellant’s complaint

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Natural resources – Judicial review – Compliance with legislation – Appeals – Leave to appeal – Test Milner Power Inc. v. Alberta (Energy and Utilities Board), [2009] A.J. No. 989, 2009 ABCA 305, Alberta Court of Appeal, September 21, 2009, E.A. McFadyen ...