Appeal by the Appellant National Money Mart Co. from a decision dismissing its motion for a stay of a proposed class action because the class of proposed borrowers had all signed agreements requiring them to mediate and/or arbitrate their disputes with the Appellant

22. July 2014 0
Administrative law – Criminal matters – Consumer protection – Class proceedings application – Arbitration agreements – Judicial review – Stay of proceedings – Jurisdiction of court – Compliance with legislation – Statutory interpretation Briones v. National Money Mart Co., [2014] M.J. No. 154, 2014 MBCA 57, Manitoba Court of Appeal, June 5, 2014, M.A. Monnin, ...

Appeal from a decision of Winnipeg Taxicab Board refusing to reinstate licence on the basis of hearsay evidence and opinion evidence as to credibility

22. July 2014 0
Administrative law – Decisions of administrative tribunals – Taxi licence appeal board – Permits and licences – Investigations – Judicial review – Hearsay Evidence – admissibility – Credibility – Natural justice – Failure to provide reasons Gidda v. Taxicab Board, [2014] M.J. No. 160, 2014 MBCA 58, Manitoba Court of Appeal, June 6, 2014, H.C. ...

The applicant landlord unsuccessfully sought leave to appeal a decision of the Residential Tenancies Commission which required him to pay compensation to the respondent tenants

27. May 2014 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Termination – Judicial review – Appeals – Leave to appeal – Compliance with legislation – Hearings – Procedural requirements and fairness Chong v. Wan, [2014] M.J. No. 97, 2014 MBCA 35, Manitoba Court of Appeal, April 16, 2014, B.M. ...

The appellant engineer argued that his appeal of the Discipline Committee’s professional misconduct findings should be an appeal de novo, and not an appeal on the record. The Council of the Association determined the appeal would be based on the record, and the judicial review application judge upheld that decision. The Court of Appeal dismissed the appellant’s interlocutory appeal of the application judge’s ruling because it did not meet the criteria of “exceptional circumstances” to justify the Court’s interlocutory intervention in the ongoing administrative process.

22. April 2014 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Rules and by-laws – Hearing de novo – Judicial review – Appeals Dorn v. Assn. of Professional Engineers and Geoscientists of Manitoba, [2014] M.J. No. 63, 2014 MBCA 25, Manitoba Court of Appeal, March 3, 2014, H.C. ...

The Applicant, Mr. Dorn, unsuccessfully sought judicial review of a decision of the Respondent’s council. That decision said that his appeal of a discipline committee decision was on the record, and not a hearing de novo.

24. September 2013 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Rules and by-laws – Engineers – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Hearings – Hearing de novo – Judicial review – Appeals – Compliance with legislation – Standard of review – Reasonableness simpliciter Dorn v. Assn. of Professional Engineers ...

A Regulatory Board did not perform the function it was statutorily required to in accordance with procedural fairness. The Court of Appeal held that the Motor Transport Board did not accept the apellant’s third application for filing and review the material filed to assess whether it met the threshold that, in the absence of evidence to the contrary, required that the application be granted and instead dismissed the application on grounds that it constituted an abuse of process. The Board did not give the appellant a meaningful opportunity to respond to that decision.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – Motor Transport Board – Judicial review – Procedural requirements and fairness – Evidence Prairie Coach Charter Services Ltd. v. Manitoba (Motor Transport Board), [2012] M.J. No. 342, 2012 MBCA 95, Manitoba Court of Appeal, October 12, 2012, F.M. Steel, M.M. Monnin and A.D. MacInnes JJ.A. The appellant, ...

A lawyer (“Luk”) lost her appeal from a professional misconduct conviction by the Law Society of Manitoba (the “Law Society”) for failing to notify her insurer after becoming aware of facts giving rise to a potential claim

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct / conduct unbecoming – Judicial review – Compliance with legislation Eva Yee-Wah Luk v. Law Society of Manitoba, [2011] M.J. No. 313, 2011 MBCA 78, Manitoba Court of Appeal, September 23, 2011, M.H. Freedman, R.J.F. Chartier and M.M. ...

The Court ordered that a de novo hearing by the Director of Companies (Manitoba) involving fresh evidence was required for accountability and for justice to be seen to be done and further that no costs should be ordered against either the Director or the respondent either by the Court of Appeal or the lower court

25. October 2011 0
Administrative law – Decisions of administrative tribunals – Director of Companies Office – Business names – Hearings – Hearing de novo – Judicial review – Failure to provide reasons – Costs Brian Neil Friesen Dental Corp. v. Director of Companies (Manitoba), [2011] M.J. No. 268, 2011 MBCA 71, Manitoba Court of Appeal, August 26, 2011, ...

A professor’s application for judicial review of university’s decision to waive academic requirements for a disabled student was denied on the ground that the professor did not have public or private interest in the matter

27. September 2011 0
Administrataive law – Decisions of administrative tribunals – University Committees – Universities – Students – Duty to accommodate – Assessment of grades – review – Parties – Standing – Jurisdiction Lukacs v. Doering, 2011 MBQB 203, [2011] M.J. No. 264, Manitoba Court of Queen’s Bench, August 25, 2011, D.J. McCawley J. The University of Manitoba ...

An appeal to the court pursuant to the Business Names Registration Act is a review on the record rather than a hearing de novo

22. March 2011 0
Administrative law – Decisions of administrative tribunals – Director of Companies Office – Business names – Registration – Appeal process – Hearing de novo – Judicial review – Appeals – Compliance with legislation Brian Neil Friesen Dental Corp. v. Director of Companies Office (Manitoba), [2011] M.J. No. 50, 2011 MBCA 20, Manitoba Court of Appeal, ...