A police officer on probation was not properly appointed under the governing legislation and therefore not protected when terminated during probation

15. December 2020 0
Administrative law – Legislation – Legislative intent – Statutory interpretation – Judicial review – Appeals – Standard of review – Professions – Police officers Caron v. Grand Falls (Town), [2020] N.B.J. No. 212, 2020 NBCA 60, New Brunswick Court of Appeal, September 17, 2020, J.C.M. Richard C.J.N.B. and K.A. Quigg and B.L. Baird JJ.A. The ...

The appellant’s claim for Workers’ Compensation benefits was denied after she experienced a traumatic event at her job as a correctional officer. The appellant was eventually diagnosed with PTSD, but the Workers’ Compensation Tribunal upheld the Commission’s decision that this was not new evidence that would substantially affect its original decision denying benefits. The Court of Appeal found the Tribunal made several errors that materially affected the outcome. The Tribunal’s decision was set aside and an order was made to provide the appellant benefits retroactively to the date of the original claim.

19. February 2019 0
Administrative law – Decisions reviewed – Workers’ Compensation Tribunal – Benefits – Psychological injuries – Judicial review – Appeals – New evidence Perry v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2018] N.B.J. No. 291, 2018 NBCA 80, New Brunswick Court of Appeal, November 29, 2018, K.A. Quigg, B.V. Green and R.T. French JJ.A. ...

This case involves a detailed consideration of section 7(2) of the Worker’s Compensation Act, which creates a rebuttable presumption whereby an accident occurring in the course of employment is deemed to also “arise out of that same employment” in the absence of evidence to the contrary. The purpose of the section is to attenuate the difficulty in proving that an injury in fact arises out of and in the course of one’s employment. The Commission argued the Tribunal erred in its interpretation and application of this provision. The court ultimately disagreed and engaged in a fairly detailed consideration of the provision.

16. November 2018 0
Administrative law – Decisions reviewed – Workers Compensation Board – Judicial review – Legislative compliance – Appeals – Standard of review – Correctness – Reasonableness – Worker’s compensation – Statutory provisions – In and out of the course of employment New Brunswick (Workplace Health, Safety and Compensation Commission) v. St-Onge, [2018] N.B.J. No. 198, 2018 ...

The appellant, a member of the Fredericton Police Force was caught stealing while in the United States. She was never convicted, but the charges were not dismissed either. At the same time as this was unfolding, a formal complaint was initiated through her employer. The matter proceeded to arbitration where she was dismissed from her employment with the Fredericton Police Force, the arbitrator citing her breach of trust as the primary reason for the termination. The appellant sought to quash the arbitrator’s decision on judicial review for both procedural and substantive reasons.

16. November 2018 0
Administrative law – Decisions reviewed – Arbitration Board – Professional governance and discipline – Judicial review – Appeals – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming Campbell v. Fredericton (City) Police Force, [2018] N.B.J. No. 197, 2018 NBCA 54, New Brunswick Court of Appeal, September 6, 2018, J.C.M. Richard, ...

Appeal from costs orders following dismissal of discipline proceedings

17. April 2018 0
Administrative law – Decisions reviewed – Law Societies – Jurisdiction – Right to award costs – Judicial review – Appeals – Barristers and solicitors – Professional misconduct O’Toole v. Law Society of New Brunswick, [2017] N.B.J. No. 342, 2017 NBCA 56, New Brunswick Court of Appeal, February 15, 2018, J.E. Drapeau C.J.N.B., M.E.L. Larlee, B.V. ...

Tribunal of the Financial and Consumer Services Commission’s decision to grant stay of proceedings for reason of delay set aside

15. August 2017 0
Edmond deals with the issue of when, and under what circumstances, a delay in the administrative process will warrant an order granting a stay of proceedings. Administrative law – Decisions of administrative tribunals – Securities Commission – Jurisdiction – Judicial review – Stay of proceedings – Delay – Appeals – Standard of review New Brunswick (Financial and Consumer Services Commission) v. Edmond, [2017] N.B.J. ...

Court did not intervene in Service New Brunswick’s decision to close a service centre

21. June 2016 0
Application for judicial review from discretionary ministerial decision to close government office. Administrative law – Compliance with legislation – Decisions of administrative tribunals – Government – Government funding of programs – Judicial Review – Ministerial orders – Natural Justice – Procedural requirements and fairness Saint‑Quentin (Municipality) v. New Brunswick (Minister of Government Services), [2016] N.B.J. No. 65, 2016 ...

The Applicant, a lawyer who had been disciplined and disbarred, applied to the court for relief given the Law Society’s unwillingness to direct his application for readmission to the Law Society to the Admissions Committee due to costs owed to the Law Society

21. August 2015 0
A lawyer was disciplined and disbarred, and the costs of the disciplinary hearing were ordered against him. He did not pay the costs and later declared bankruptcy and was subsequently discharged. Several years later he applied for readmission to the Law Society. The Law Society said his application could not be considered by the Admissions ...

The New Brunswick Court of Queen’s Bench dismissed the applicant physician’s judicial review application regarding a preliminary decision made by the College of Physicians and Surgeons. The Court declined to exercise its supervisory jurisdiction over the matter since it found that the complainant had adequate alternative remedies available to him under the Medical Act and failed to exhaust those before seeking judicial review. In respect of an evidentiary issue that was raised at the outset, the Court ruled that letters of complaint from patients underlying the proceedings between the College and the physician were inadmissible in the judicial review record because they were protected by privacy and privilege as per section 71.2(2) of the Medical Act.

25. November 2014 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation – Evidence – admissibility – Remedies – Alternative remedies Cockeram v. College of Physicians ...

A forestry company (“Irving”) was partly successful on appeal from a finding of the respondent, North Shore Forest Products Marketing Board (the “Board”), which had held that the various forest product marketing boards had the authority to regulate stumpage agreements

19. August 2014 0
Administrative law – Decisions of administrative tribunals – Marketing Boards – Natural resources – Forestry – Stumpage fees – Judicial review – Jurisdiction – Bias – Standard of review – Correctness – Reasonableness simpliciter J.D. Irving Ltd. v. North Shore Forest Products Marketing Board, [2014] N.B.J. No. 162, 2014 NBCA 42, New Brunswick Court of ...