The Court of Appeal considered whether the Discipline Committee of the Law Society of Manitoba had erred in finding the Appellant guilty of conduct unbecoming a lawyer for swearing at a member of a tribunal and, as a consequence, imposing a restriction on the Appellant’s practicing certificate to address its concerns as to her psychological fitness to practice law. The Court dismissed the Appellant’s conviction appeal, in which she alleged an apprehension of bias on the part of the panel, but allowed her sentence appeal, in part, on the basis that the panel improperly considered issues of competency or ungovernability which were not the subject of the citation before it.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and Suspensions – Judicial review – Bias – Standard of review – Reasonableness simpliciter Ritchot v. Law Society of Manitoba, [2010] M.J. No. 28, 2010 MBCA 13, Manitoba Court of ...

The Appellant, Child and Family All Nations Coordinated Response Network, unsuccessfully appealed a decision holding that its failure to abide by timelines set out in the Child Abuse Regulation, Man. Reg. 14/99 rendered its decision a nullity

24. November 2009 0
Administrative law – Child abuse registers – Judicial review – Delay – Compliance with legislation – Limitations B.W. v. Child and Family All Nations Coordinated Response Network, [2009] M.J. No. 332, 2009 MBCA 95, Manitoba Court of Appeal, September 25, 2009, R.J. Scott C.J.M., B.M. Hamilton, and M.H. Freedman JJ.A. The Winnipeg Children’s Hospital referred ...

The Court of Appeal denied Kalo’s application for an order that the Respondent Law Society immediately accept him, on a without prejudice basis, into its admissions program pending the outcome of his avenues of appeal wherein he was disputing the Law Society’s decision to reject him for admission

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Admission to profession – Training requirements – Competence – Judicial review – Appeals – Jurisdiction of court – Remedies – Injunctions – Availability Kalo v. Law Society of Manitoba, [2009] M.J. No. 342, Manitoba Court of Appeal, September 29, 2009, ...

The Court of Appeal reinstated a decision made by the Farm Lands Board, holding that the Respondent Guinn was in contravention of legislation restricting ownership of farm lands by non-Canadian residents

22. September 2009 0
Administrative law – Decisions of administrative tribunals – Farm Lands Board – Powers of tribunals – Compliance with legislation – Judicial review – Standard of review – Reasonableness simpliciter Guinn v. Manitoba, [2009] M.J. No. 279, 2009 MBCA 82, Manitoba Court of Appeal, August 4, 2009, F.M. Steel, R.J.F. Chartier, and A.D. MacInnes JJ.A. The ...

The Application by a Claimant (“Rowel”) for judicial review of a decision of the Manitoba Human Rights Commission (the “Commission”) was dismissed where the Court found that the investigation into Rowel’s complaint was conducted neutrally and thoroughly

28. July 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Disability – Duty to accommodate – Investigations – Role of Investigator – Procedural fairness – Judicial review – Bias – Failure to provide reasons Rowel v. Union Centre Inc., [2009] M.J. No. 215, Manitoba Court of Queen’s Bench, May ...

The Manitoba Court of Appeal dismissed an appeal brought by the Appellant Manitoba Public Insurance Corporation from a decision of the Automobile Injury Compensation Appeal Commission. The Commission allowed the Respondent injured motorist to continue receiving income replacement benefits. The Commission allowed her appeal on several alternate grounds. A case manager for the Appellant terminated her income replacement benefits and the Respondent had appealed to the Commission. On appeal, the Court of Appeal dismissed the appeal because the Appellant had not challenged all of the alternate grounds upon which the Commission allowed the Respondent’s appeal.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Automobile Injury Compensation Appeal Commission – Judicial review – Compliance with legislation – Interpretation of legislation – Fresh evidence – Mootness – Public interest – Standard of review – Correctness Shier v. Manitoba Public Insurance Corp., [2008] M. J. No. 305, Manitoba Court of Appeal, September 8, ...

The University of Manitoba (the “University”) unsuccessfully brought a motion seeking summary dismissal of an action commenced by a former dentistry student (“Hozaima”) on the basis that the Court lacked jurisdiction or that the claim represented an abuse of process. The motion was dismissed.

23. September 2008 0
Administrative law – Universities – Students – Assessment of grades – Evaluation – Educational malpractice – Abuse of process – test – Jurisdiction Hozaima v. Perry, [2008] M.J. No. 268, Manitoba Court of Queen’s Bench, July 10, 2008, M.M. Monnin C.J.Q.B. Hozaima was a dentistry student at the University and was forced to resign from ...

The Court granted the defendant university association’s motion to dismiss the plaintiff university professor’s action against it on the ground that the matter fell into the exclusive jurisdiction of the Manitoba Labour Board. The plaintiff’s action alleged that the UWFA failed to fairly represent him when it agreed to mandatory retirement provisions in the relevant collective agreement. The Labour Relations Act provides a procedure for adjudicating the plaintiff’s complaint. In addition, the dispute involved the negotiation of the collective agreement, which falls within the ambit of the legislation regarding UWFA’s duty of fair representation. Therefore, the exclusive jurisdiction to hear this matter rested with the Board and not with the Court.

22. July 2008 0
Administrative law – Universities – Discrimination – Labour law – Collective agreements – Mandatory retirement Tomchuk v. University of Winnipeg Faculty Assn., [2008] M.J. No. 229. Manitoba Court of Queen’s Bench, June 5, 2008, H.C. Beard J. The applicant was the defendant University of Winnipeg Faculty Association (the “UWFA”) in an action brought against it ...

The appeal by a licensed practical nurse (“Coffey”) from a decision of a panel of the discipline committee of the College of Licensed Practical Nurses of Manitoba (the “College”) finding him guilty of professional misconduct and conduct unbecoming a licensed practical nurse was dismissed where the court found that the conduct in question involved solicitation that contained false, inaccurate and misleading information which was circulated outside of the membership

27. May 2008 0
Administrative law – Decisions of administrative tribunals – College of Licensed Practical Nurses – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Appeals – Judicial review – Standard of review – Reasonableness simpliciter – Evidence Coffey v. College of Licensed Practical Nurses of Manitoba, [2008] M.J. No. 116, ...

An application for judicial review of two decisions of the Manitoba Board of Adjudictation which upheld complaints filed by twin sisters that they had suffered discrimination on the basis of gender by being denied an opportunity to try out for the male hockey team at their school. The Court dismissed the application and upheld the decision of the Manitoba Board of Adjudication.

25. March 2008 0
Administrative law – Decisions of administrative tribunals – Board of Adjudication – Human rights complaints – Discrimination – Test – Gender – Judicial review -Jurisdiction of tribunal – Standard of review – Correctness – Reasonableness simpliciter Manitoba High Schools Athletic Association Inc. v. Pasternak, [2008] M.J. No. 10, Manitoba Court of Queen’s Bench, January 21, ...