The President of the Progressive Conservative Party of Manitoba (“Fletcher”) was unsuccessful on appeal from a judicial review upholding the decision of the Automobile Injury Compensation Appeal Commission that had affirmed Manitoba Public Insurance Corporation’s (“MPI”) denial of his claim for additional attendant care costs that he would incur as the president of the Party

22. February 2005 0
Administrative law – Judicial review – Bias Fletcher v. Manitoba Public Insurance Corp., [2004] M.J. No 443, Manitoba Court of Appeal, December 15, 2004, Huband, Kroft and Hamilton JJ. A. Fletcher alleged that a reasonable apprehension of bias existed because the chairperson made political contributions to the New Democratic Party. Fletcher argued that the chairperson, ...

The misconduct convictions imposed by the Respondent were upheld on appeal as the Court held that the Panel was not unreasonable in the exercise of its statutory duty. However, the costs award ordered against the Appellant exceeded the bounds of reasonableness and was set aside.

28. December 2004 0
Administrative law – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Judicial review – Administrative decisions – Standard of review – Reasonableness simpliciter – Costs Filipchuk v. College of Licensed Practical Nurses of Manitoba, [2004] M.J. No. 367, Manitoba Court of Appeal, September 29, 2004, Twaddle, Kroft and Monnin JJ.A. A statutory ...

On an appeal from a dismissal of an application for judicial review of a series of decisions made by the City of Winnipeg in relation to the rezoning and development of a property, the Court of Appeal held that the application judge did not misapprehend either the law or the facts and exercised his discretion correctly in dismissing the application. The City had the jurisdiction to make the decisions in question and did not lose jurisdiction by the manner in which it made them.

28. December 2004 0
Administrative law – Municipalities – Jurisdiction – Planning and zoning – Decisions of administrative tribunals – Municipal councils – Rules and by-laws – Judicial review – Procedural requirements and fairness – Statutory powers – Standard of review – Correctness Hechter v. Winnipeg (City), [2004] M.J. No. 357, Manitoba Court of Appeal, June 28, 2004, Scott C.J.M., Monnin ...

The Winnipeg Free Press (the “Free Press”) successfully challenged the decision of an arbitrator denying public access to the hearing of a grievance filed by officers of the Winnipeg police service (“WPS”). The court found that there was no evidentiary foundation for the arbitrator’s conclusion that “informant evidence” would form an integral part of the hearing and, therefore, the arbitrator had exceeded his jurisdiction by ordering that the hearing be held in camera.

23. November 2004 0
Administrative law – Police – Labour law – Arbitration – Hearings – Conduct of hearings – In camera hearings – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter – Decisions of administrative tribunals – Arbitration Board – Jurisdiction – Public interest Winnipeg Free Press v. Winnipeg (City), [2004] M.J. ...

An application was granted for an order of certiorari to quash a resolution of the Medical Advisory Committee of the Winnipeg Regional Health Authority that suspended the Applicant doctor’s medical staff privileges pending the outcome of a hearing into certain complaints against him. The Applicant’s privileges were re-instituted subject to certain conditions.

28. September 2004 0
Administrative law – Physicians and surgeons – Competence – Hospital privileges – Suspensions – Hearings – Judicial review – Natural justice – Procedural requirements and fairness – Administrative decisions – Bias – Remedies – Certiorari – Injunctions Fong v. Winnipeg Regional Health Authority, [2004] M.J. No. 299, Manitoba Court of Queen’s Bench, July 30, 2004, Beard J. The ...

A man who was found not criminally responsible (“NCR”) on account of mental disability for the offence of murder (“Wiebe”) successfully appealed from a disposition review and order of the Manitoba Review Board (the “Board”) that he should be detained without treatment

24. August 2004 0
Manitoba (Attorney General) v. Wiebe, [2004] M.J. No. 247, Manitoba Court of Appeal, June 25, 2004, Scott C.J.M., Hamilton and Freedman JJ.A. Wiebe was found to be NCR in December of 2001. At trial, a psychiatrist, a psychologist and a forensic psychiatrist gave opinion evidence that Wiebe had a borderline personality disorder (BPD), and had ...

The Appellant provincial municipal assessor (“Assessor”) was granted leave to appeal pursuant to section 63 of the Municipal Assessment Act on the question of whether the municipal board (“Municipal Board”) committed an error of law by determining that the entire real property assessment roll for the Respondent Seagram Company (“Seagram”) was open for review when Seagram appealed its 1999 amended assessment. The success on the appeal was split between the Respondent and the Appellant, with the court finding that the Municipal Board committed an error of law by determining that the real property assessment for one parcel of the Seagram land was open for review because Seagram had no right of appeal in regard to the 1999 amended taxes for that parcel of land, and that the Municipal Board did not commit an error of law by determining that the entire real property assessment for the second parcel of land was open for review when Seagram appealed its 1999 supplementary taxes for roll no. 199700. The matter was referred back to the Municipal Board for further consideration.

27. January 2004 0
Administrative law – Municipalities – Property assessment – Appeals – Jurisdiction – Judicial review – Compliance with legislation – Right of appeal – Standard of review – Correctness Manitoba (Provincial Municipal Assessor) v. Seagram Co., [2003] M.J. No. 393, Manitoba Court of Appeal, November 3, 2003, Huband, Philp, Twaddle, Hamilton and Freedman JJ.A. Seagram had owned ...

A psychiatric nurse (“Bennet”) was successful in his appeal from a decision of the Discipline Committee of the Registered Psychiatric Nurses’ Association of Manitoba (the “Association”). The court found that the Committee’s decision finding Bennet guilty of professional misconduct for having sexual intercourse with a former client was not reasonable as the Committee did not have sufficient evidence before it on the threshold issue of boundaries and/or therapeutic relationships.

26. August 2003 0
Administrative law – Psychiatric Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual relations with former patient – Boundaries and therapeutic relationships – Judicial review – Decisions of administrative tribunals – Evidence Bennet v. Registered Psychiatric Nurses’ Assn. of Manitoba, [2003] M.J. No. 163, Manitoba Court of Appeal, May 15, 2003, Monnin, Hamilton ...

A Registrar of the Chiropractors Association was charged with breaching the Chiropractic Act, R.S.M. 1980, c. 100 (“the Act”). An Inquiry Committee dismissed the charges and the Association sought judicial review. A Queen’s Bench judge concluded that the Inquiry Committee was bound as a matter of law by the Regulation to find Dr. Alevizos guilty of professional misconduct and the Respondent appealed to the Court of Appeal. The Court of Appeal held that absent express statutory provision, the final decision of a committee of a professional association properly empowered to make such a decision is not reviewable by the court on an application by the Association or its governing body. The appeal was therefore allowed.

26. August 2003 0
Administrative law – Chiropractors – Governance of professional association – Jurisdiction – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Compliance with legislation – Right of appeal of professional association Manitoba Chiropractors Assn. v. Alevizos, [2003] M.J. No. 206, Manitoba Court of Appeal, June 9, 2003, Twaddle, Monnin and Freedman JJ.A. The ...

Poulin had brought an application to the Workers’ Compensation Board for a determination that a civil claim was barred pursuant to s. 68(1) of the Act. The application was dismissed by the Board and Poulin sought judicial review. The Court of Appeal held that the Board acted within its jurisdiction. In the result, the judicial review application was dismissed.

24. June 2003 0
Administrative law – Workers compensation – Worker – Definition – Liability of sole director of a corporation – Statutory provisions – Privative clauses – Judicial review – Administrative decisions – Jurisdiction – Standard of review – Patent unreasonableness – Evidence Poulin v. Manitoba (Workers’ Compensation Board), [2003] M.J. No. 122, Manitoba Court of Appeal, April 23, 2003, ...