The Court of Appeal upheld the Utility and Review Board’s decision rejecting a licensed restaurant’s application to acquire unrestricted entertainment privileges. The legislation requires that the Board be satisfied that the operation of the premises to be licensed will not interfere with the quiet enjoyment of neighbouring properties, either public or private. The Board’s determination under this legislative provision was largely fact-driven. The Board’s finding that, on a balance of probabilities, permitting live entertainment on the premises would not be consistent with the quiet enjoyment provisions of the Regulations was reasonable. The Court of Appeal also held that even if the matter was a question of law, the Board’s decision satisfied the “correctness” standard.

27. November 2007 0
Administrative law – Decisions of administrative tribunals – Utility and Review Board – Jurisdiction – Judicial review – Permits and licences – Compliance with legislation – Standard of review – Correctness Whiskey’s Lounge Ltd. v. Nova Scotia (Utility and Review Board), [2007] N.S.J. No. 399, Nova Scotia Court of Appeal, October 2, 2007, E.A. Roscoe, ...

The Court of Appeal upheld the decision of the Law Society of British Columbia to disbar a Member for the improper withdrawal of client funds from Trust Accounts. The Court held that disbarment is a remedy available to the Law Society for the deliberate misappropriation of trust fund monies except in highly unusual circumstances.

27. November 2007 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Penalties – Disbarment – Public interest – Judicial review – Standard of review – Patent unreasonableness McGuire v. Law Society of British Columbia, [2007] B.C.J. No. 2161, British Columbia Court of Appeal, September 7, 2007, M.A. Rowles, ...

A handgun owner (the “Owner”), who did not have a registration certificate for the handgun in question (the “Handgun”), was ordered, within 30 days, to surrender his handgun to a peace officer. The Court found the Owner ineligible to hold a registration certificate pursuant to sections 13 and 69 of the Firearms Act. New legislation deemed the Handgun prohibited and the amnesty period had expired.

28. August 2007 0
Administrative law – Decisions of administrative tribunals – Firearms Officer – Firearms registration – licences – Judicial review – Interpretation of legislation – Standard of review of provincial court R. v. Buhrs, [2007] A.J. No. 734, Alberta Provincial Court, June 29, 2007, M.G. Allen Prov. Ct. J. The Owner applied pursuant to section 74 of the Firearms ...

The Alberta Court of Appeal held that the Workers’ Compensation Appeals Commission (“WCA”) was patently unreasonable in its finding as to when a worker’s accident ceased to be the cause of the worker’s injury. Workers’ Compensation Policy ADJ-39 is properly interpreted as to only require a disability to be the result of an emotional reaction, not that the injury be an emotional reaction. WCA’s analysis was unreasonable because it limited coverage by relying on factors that the Policy requires to be used to extend coverage.

28. August 2007 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Psychological injury – employment related – Test – Benefits – Judicial review – Evidence – Compliance with legislation – Standard of review – Correctness Shuchuk v. Alberta (Workers’ Compensation Board, Appeals Commission), [2007] A.J. No. 725, Alberta Court of Appeal, July 10, ...

When assessing WCB spousal survivorship pension entitlement, the Workers’ Compensation Board has jurisdiction to determine whether a person was an “employee” under the Government Employees Compensation Act, R.S.C. 1985, c. G-5 (the “GECA”)

28. August 2007 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Worker – definition – Judicial review – Jurisdiction – Compliance with legislation – Privative clauses – Standard of review – Correctness Canadian Broadcasting Corp. v. Luo, [2007] B.C.J. No. 1478, British Columbia Supreme Court, July 4, 2007, Meiklem J. An ...

The Court held that Section 49 of the Residential Tenancy Act, S.B.C. 2002, c. 78 could not be read so as to give landlords the discretion to terminate tenancies on the sole basis that they would be financially advantaged in having vacant possession. Where an Arbitrator makes a finding of fact that the renovation sought by the landlord did not require vacant possession, the rational and reasonable decision is that vacancy notices should not be granted in favour of the landlord.

22. May 2007 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Landlord and tenant – Residential tenancy agreements – Vacancy notices – Judicial review – Compliance with legislation – Statutory interpretation Allman v. Amacon Property Management Services Inc., [2007] B.C.J. No. 433, British Columbia Court of Appeal, March 6, 2007, Levine, Thackray and Lowry JJ.A. The landlord ...

The Court restored a sanction of dismissal against a municipal police officer who pleaded guilty to several criminal offences. The police officer’s criminal conduct was subject to separate sanctions provided for in the Cities and Towns Act and the Police Act. The majority of the Court held that the sanctions under the Police Act and the Cities and Towns Act overlapped and came into conflict. The Court held that in the case of conflict, the provisions in the Police Act should prevail over the provisions in the Cities and Towns Act as those provisions are more recent and more specific than those in the Cities and Towns Act.

22. May 2007 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Police – Disciplinary proceedings – Penalties and suspensions – Judicial review – Compliance with legislation – Statutory interpretation – Conflict of legislation Lévis (City) v. Fraternité des policiers de Lévis Inc., [2007] S.C.J. No. 14, Supreme Court of Canada, March 22, 2007, McLachlin C.J. and Bastarache, ...

The Court of Appeal upheld the decision of the Discipline Committee of the Law Society of New Brunswick (the “Committee”) where it found the Appellant guilty of professional misconduct by acting, while in a conflict of interest, as counsel for a married couple who were separating

22. May 2007 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Conflict of interest – Professional misconduct – Disciplinary proceedings – Judicial review – Standard of review – Reasonableness simpliciter O’Toole v. Law Society of New Brunswick, [2007] N.B.J. No. 66, New Brunswick Court of Appeal, March 15, 2007, J.Z. Daigle, A. Deschênes ...

The Court found Section 63(1) of the Judges Act, R.S.C. 1985, c. J-1 constitutional. This provision permits the Federal and Provincial Attorneys General to commence inquiries regarding whether certain judges could be removed from office without following screening procedures set out in s. 63(2). The appropriate test applied considering the constitutionality of s. 63(1) was whether or not a reasonable person would have a reasonable apprehension the section would impair judges’ impartiality by requiring the Council to commence inquiries without engaging the screening procedure. There were sufficient safeguards in the s. 63(1) process, despite the fact the screening procedure was not required.

22. May 2007 0
Administrative law – Judges – Removal from office – Inquiry – Constitutionality – Judicial review – Compliance with legislation Cosgrove v. Canadian Judicial Council, [2007] F.C.J. No. 352, Federal Court of Appeal, March 12, 2007, Sexton, Evans and Sharlow JJ.A. After a criminal trial, the Attorney General of Ontario wrote to the Canadian Judicial Council (the ...