An appeal from the decision of the Alberta Securities Commission (“ASC”) which allowed the Investment Dealers Association (“IDA”) to appeal the dismissal of charges against Bahcheli was allowed. The Court held that absent express statutory provision, a decision maker cannot appeal its own decision and that the IDA was not a person or company ‘directly affected’, such that it may appeal its own decision.

24. July 2007 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Jurisdiction – Judicial review – Appeals – Parties – Procedural requirements and fairness – Standard of review – Correctness Bahcheli v. Alberta Securities Commission, [2007] A.J. No. 520, Alberta Court of Appeal, May 18, 2007, C. Conrad, R. Berger, and C. O’Brien, JJ.A. The Appellant, ...

An appeal by Roeder from the dismissal of his action as an abuse of process was dismissed. There is no cause of action for breach of the rules of procedural fairness. The proper remedy for “process allegations” is judicial review.

24. July 2007 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Conflict of interest – Hearings – Disclosure – Delay – Procedural requirements and fairness – Judicial review – Abuse of process – Appeals – Remedies – Alternative remedies Roeder v. Lang Michener Lawrence & Shaw, [2007] B.C.J. No. 501, British Columbia Court of Appeal, March 14, ...

The Court allowed, in part, an appeal by the Law Society from an order of the Appeal Panel of the Law Society setting aside decisions of a Hearing Panel of the Discipline Committee

22. May 2007 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Hearings – Interpretation of Evidence – Failure to provide adequate reasons – Witnesses – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter – ...

The Court dismissed a teacher’s application for judicial review of a decision by the College of Teachers awarding costs against the teacher for a disciplinary hearing. The Court held that the decision to award costs against the teacher may have marked a change in the College’s attitude concerning costs, but that the College was entitled to modify its position concerning collection of costs.

22. May 2007 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Regulatory powers of tribunals – Costs – Right to award costs – Hearings – Conduct of hearings – Judicial review – Procedural requirements and fairness – Natural justice – Failure to provide reasons – Standard of review – Reasonableness simpliciter Adolphe v. British Columbia College of ...

The Court allowed an application for judicial review of a decision of the Canadian International Trade Tribunal (“Tribunal”) which upheld two procurement complaints advanced by Trust Business Systems (“Trust”). The Court held that there was no evidence to support a finding that a “no substitute clause” was done for the purpose of avoiding competition and discriminating between suppliers, and there was clear evidence that this clause related to legitimate operational requirements. The conclusion of the Tribunal was therefore patently unreasonable.

22. May 2007 0
Administrative law – Decisions of administrative tribunals – International Trade Tribunal – Interpretation of Evidence – Terms of agreement – Procurements – Suppliers – Discrimination – Judicial review – Standard of review – Reasonableness simpliciter Canada (Attorney General) v. Trust Business Systems, [2007] F.C.J. No. 379, Federal Court of Appeal, March 6, 2007, Nadone, Malone and ...

The Court allowed, in part, an application for judicial review of the Registrar of Mortgage Brokers decision refusing to register the Applicant since his prior criminal record made him unsuitable for registration

22. May 2007 0
Administrative law – Mortgage brokers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Criminal record – Penalties and suspensions – Public interest – Decisions of administrative tribunals – Registrar of Mortgage Brokers – Judicial review – Jurisdiction of registrar- Standard of review – Patent unreasonableness – Correctness Pugliese v. British Columbia (Registrar of Mortgage Brokers, ...