A party wishing to bring an action for damages arising out of a hospital privileges issue must first proceed by way of a statutory route to establish the basis for sustaining the claim in damages. To permit Applicants to commence actions for damages on a hospital privileges issue without following the statutory process, would result in a system whereby a dissatisfied party would be able to bypass the specialised tribunal, a result that is not permitted under the Act.

Administrative law – Physicians and surgeons – Hospital privileges – Damages – Statutory provisions – Decisions of administrative tribunals – Appeal process – Compliance with legislation – Jurisdiction of court Beiko v. Hotel Dieu Hospital St. Catharines, [2007] O.J. No. 331, Ontario Superior Court of Justice, January 26, 2006, G.B. Morawetz J. The Plaintiffs brought an ...

The Court held that it had no jurisdiction to entertain the claims of the Plaintiff as set out in his Statement of Claim, unless and until a successful judicial review had been completed through the Federal Courts Act

Administrative law – Fisheries – Licence applications – Jurisdiction of court to hear a complaint – Judicial review – Permits and licences Waterman v. Canada (Department of Fisheries and Oceans), [2007] N.J. No. 27, Newfoundland and Labrador Supreme Court – Trial Division, January 25, 2007, R.J. Hall J. The Plaintiff brought an action in the Newfoundland ...

Without a statutory right of appeal, the Chief of Police is precluded from seeking judicial review of a decision made by one of his delegates under the Police Services Act

Administrative law – Decisions of administrative tribunals – Police Commission – Police – Disciplinary proceedings – Hearings – Judicial review – Appeals – Stay of proceedings – Procedural requirements and fairness – Compliance with legislation Watson v. Catney, [2007] O.J. No. 231, Ontario Court of Appeal, January 26, 2007, J.I. Laskin, J.C. MacPherson and S.E. Lang JJ.A. ...

The Province may be ordered to pay compensation under the Human rights legislation to a person who has been found to have been discriminated against by a government employee exercising statutory authority. The Court held that s.69 of the Administrative Tribunals Act (the “Act”) applied to all judicial review proceedings decisions of the British Columbia Human Rights Tribunal heard by the Court after October 15, 2004.

Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Disability – Motor vehicles – Suspension of driver’s licence – Judicial review – Jurisdiction – Compliance with legislation – Continuing contravention – Damages – Crown immunity – Standard of review – Correctness British Columbia v. Bolster, [2007] B.C.J. No. 192, ...