The Court of Appeal upheld the decision of of the Board of Directors of the Nurses Association of New Brunswick revoking the appellant’s membership and registration and setting terms for his re-application. The Court held that the lower court had given proper deference to the Directors’ decision, and that whether the appellant’s acts were done in good faith or not did not change the fact that they constituted professional misconduct.

27. August 2013 0
Administrative law – Decisions of administrative tribunals – Association of Nurses – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Judicial review – Standard of review – Reasonableness simpliciter Doak v. Nurses Assn. of New Brunswick, [2013] N.B.J. No. 200, 2013 NBCA 45, New Brunswick Court of Appeal, July 11, ...

Failure to engage in recommended rehabilitation activities can lead to a suspension of a worker’s compensation benefits

Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Statutory provisions – Suspension of benefits – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Williams v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2013] N.B.J. No. 133, 2013 NBCA 32, New Brunswick Court ...

This was an appeal by Ouelette from a decision dismissing her application for judicial review of the respondent’s decision to remove her from her position as Clerk, Treasurer and Chief Administrative Offier of the rural community. Her appeal was dismissed. The Court of Appeal found that the appellant, who was an officer of the rural community, had a right to procedural fairness on termination which was imported into the contractual employment relationship by the provisions of the Municipalities Act, R.S.N.B. 1973, c.M-22. The requirements of procedural fairness in this case were met, through an appropriate opportunity to know of the concerns about her performance that could lead to termination, and an opportunity to explain them or demonstrate why they have no merit. While Council owed Oulette a duty of procedural fairness on termination, it met its duty in that regard. As a result, the appeal was dismissed.

23. April 2013 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Employment law – Termination of employment – Public law vs. Contract law – Judicial review – Natural justice – Procedural requirements and fairness Ouellete v. Saint André, [2013] N.B.J. No. 80, 2013 NBCA 21, New Brunswick Court of Appeal, March 14, 2013, ...

Applicant unsuccessfully applied to set aside a decision of the Rentalsman who had refused to issue a Notice to Quit on the respondent tenant due to improvements made to the property. Decision was held to be within range of acceptable outcomes and reasonable.

Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Rules and by-laws – Conduct of tenant – Residential tenancy agreements – Termination – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter Nethervue Park Ltd. v. MacKinnon, [2013] N.B.J. No. 21, 2013 ...

The appellant employer successfully appealed a decision of the provincial Workplace Health, Safety and Compensation Commission Appeals Tribunal, which had set aside a decision of the provincial Workplace Health, Safety and Compensation Commission dismissing the respondent employee’s claim for compensation benefits for “gradual onset stress.”

26. February 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Investigations – Workers compensation – Government employees – Federal and provincial legislation – Psychological injury – employment related – Test – Stress claims Robichaud v. Canada (Attorney General), [2013] N.B.J. No. 8, 2013 NBCA 1, New Brunswick Court of Appeal, January 10, 2013, ...

The suspension of a physician’s license by its regulatory body, based on a single complaint from a patient and a collection of innuendo and hearsay from colleagues, was quashed. The suspension was not justified as physician was given no notice or opportunity to be heard.

23. October 2012 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Public interest – Penalties and suspensions – Judicial review – Procedural requirements and fairness – Notice of complaint Youssef v. College of Physicians and Surgeons of New Brunswick, [2012] N.B.J. No. 289, 2012 NBQB ...

The Applicant physician was partially successful in seeking a declaration from the Respondent College relating to the status of his license practice medicine in New Brunswick.

23. October 2012 0
Administrative law – Decisions of administrative tribunals –  College of Physicians and Surgeons – Physicians and Surgeons – Governance –  Licence to practice – Statutory provisions – Interpretation – Judicial review  –  Compliance with legislation Houshmand v. College of Physicians and Surgeons of New Brunswick, [2012] N.B.J. No. 324, 2012 NBQB 293, New Brunswick Court ...

A man who worked in mining operations of Xstrata Canada Corporation (“Xstrata”) between 1979 and 1996 (“LeBlanc”) was successful on appeal from a decision of the Appeal Tribunal of the Workplace Health, Safety and Compensation Commission (“Appeals Tribunal”) for reimbursement of medical treatment related to heavy metals detected in his blood

24. July 2012 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Policies – Workers Compensation – Benefits – Hearings – Fairness  – Conduct of hearings – Independent expert – Judicial review – Witnesses – Evidence – Procedural requirements and fairness LeBlanc v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2012] N.B.J. No. 199, 2012 NBCA 49, New Brunswick Court of ...

The Registrar of Motor Vehicles’ interpretation of its enabling statute was not entitled to deference and is reviewable on a standard of correctness. Where there is an apparent discrepancy between a statutory provision and a regulation as to which vehicles qualify as “special mobile equipment”, the statutory definition must prevail. When there is an ambiguity in the interpretation of a statutory provision, there is a residual presumption in favour of taxpayers.

25. October 2011 0
Administrative law – Decisions of administrative tribunals – Registrar of Motor Vehicles – Permits and licences – Motor vehicles – Special mobile equipment – definition – Judicial review – Compliance with legislation – Statutory interpretation – Standard of review – Correctness Carter Brothers Ltd. v. New Brunswick (Registrar of Motor Vehicles), [2011] N.B.J. No. 304, ...

The public law remedy of judicial review is not available to contest the removal and expulsion of a Chairperson of the Board of Directors of the Port of Dalhousie, a non-profit body incorporated under the Companies Act, R.S.N.B. 1973, c. C 13. The Port of Dalhousie is not a body that exercises statutory powers in the discharge of any regulatory or other governmental responsibilities. While it may have been incorporated to pursue some public good, it is not a creature of statute any different from any other non-profit corporation. While the functions of the corporation may serve the public interest, they are not regulatory in nature. The main function of the corporation is to conduct a business: managing the Port. The decision making power of the Port of Dalhousie is not sufficiently of a public character to be subject to the Court’s power of judicial review.

25. October 2011 0
Administrative law – Associations and clubs – Governance – Judicial review application – Availability – Public body – definition – Hearings – Remedies – Hearing de novo – Private law remedies Maltais v. Port of Dalhousie Inc., [2011] N.B.J. No. 309, 2011 NBCA 84, New Brunswick Court of Appeal, September 22, 2011, A. Deschenes, J.C.M. ...