The appeal of a nursing home (“Grass Home”) from the decision of a fire marshal affirming an order of a fire inspector requiring the removal of locks was allowed where the Court found the fire marshal’s decision was reasonable but void due to an apprehension of bias

23. February 2010 0
Administrative law – Municipalities – Fire inspectors – Orders – Judicial review – Decisions reviewed – Fire inspectors – Judicial review – Procedural requirements and fairness – Bias – Standard of review – Reasonableness simpliciter Grass Home Ltd. v. New Brunswick (Provincial Fire Marshall), [2009] N.B.J. No. 381, New Brunswick Court of Queen’s Bench, September ...

The Court dismissed an application to quash the decision of the Respondent Town, terminating the employment of the Applicant. Due to the section of the Municipalities Act, under which the Applicant held office, her employment was not governed by the law of contract. The Town owed the Applicant a duty of fairness, which they had discharged.

23. June 2009 0
Administrative law – Decisions of administrative tribunals – Municipalities – Employment law – Termination of employment – Public law vs. Contract law – Public officer – Judicial review – Compliance with legislation – Procedural requirements and fairness Cronkhite v. Nackawic (Town), [2009] N.B.J. No. 107, 2009 NBQB 110, New Brunswick Court of Queen’s Bench, April ...

The Appeal by an employer (“Fundy Linen”) from the decision of the Appeals Tribunal allowing an injured employee’s claim to obtain barrier-free housing was allowed due to bias and the matter was remitted to the Workplace Health, Safety and Compensation Commission (the “Commission”)

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Discretion of court – Workers compensation – Benefits – Housing – Interpretation of legislation – Judicial review – Witnesses – Member of Legislative Assembly – Bias – Waiver of claim for bias Fundy Linen Service Inc. v. New Brunswick (Workplace Health, Safety and ...

The Court allowed an application by the Province for judicial review of a decision of the Human Rights Commission, which had found that there was a prima facie case of discrimination in a matter concerning an autistic adult and the treatment and care provided to him. The Court found that there were numerous violations of procedural fairness, including the Commission’s failure to review evidence when it concluded that the adult was not adequately accommodated by the services he received, failing to address the appropriate question and not performing a comparative analysis, broadening the complaint without advising the applicant, and allowing a delay of 68 months which was excessive and amounted to an abuse of process.

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Discrimination – Disability – Duty to accommodate – Judicial review – Delay – Procedural requirements and fairness – Abuse of process – Standard of review – Correctness New Brunswick (Department of Social Development) v. New Brunswick Human Rights Commission, [2009] N.B.J. No. 45, ...

The Court ordered that a publication ban relating to an assessor’s report of Dr. Menon’s practice be dissolved where it was not satisfied that Dr. Menon had established that the salutary effects of the continuing ban outweighed its deleterious effects

27. May 2008 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Publication ban – Physicians and surgeons – Disciplinary proceedings – Competence – Suspensions – Judicial review – Disclosure – Evidence – Compliance with legislation Menon v. College of Physicians and Surgeons of New Brunswick, [2008] N.B.J. No. 124, New Brunswick Court ...

The appeal by the New Brunswick Real Estate Association (the “Association”) from a judge’s decision setting aside a decision of the Discipline Committee was allowed where the Court found that the judge had erred in concluding that the Committee’s policy of addressing the merits of the complaints and possible penalties in one hearing rendered the hearing process biased

23. October 2007 0
Administrative law – Decisions of administrative tribunals – Real estate agents – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Hearings – Judicial review – Bias – Procedural requirements and fairness New Brunswick Real Estate Assn. v. Moore, [2007] N.B.J. No. 311, New Brunswick Court of Appeal, August 9, 2007, ...

A pathologist who was the subject of a complaint that he had not correctly diagnosed and reported pathology results concerning various forms of cancer (“Menon”) applied for judicial review of a suspension imposed by the College of Physicians and Surgeons of New Brunswick (the “College”), and succeeded in having the complaint referred to a Board of Inquiry pursuant to the Medical Act, SNB 1981, c. 87 (the “Act”)

25. September 2007 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Competence – Penalties and suspensions – Decisions of administrative tribunals – College of Physicians and Surgeons – Judicial review – Natural justice – Procedural requirements and fairness – Standard of review – Correctness Menon v. College of Physicians and Surgeons of New Brunswick, [2007] N.B.J. No. 270, ...

The Applicant appealed the decision of the Respondent Association who had found that he had violated the Code of Ethics and Standards of Business Practice of the Association. The Court dismissed the application, finding that the Association’s decision was reasonable.

26. June 2007 0
Administrative law – Decisions of administrative tribunals – Real estate agents – Disciplinary proceedings – Penalties – Judicial review – Compliance with legislation – Natural justice – Failure to provide reasons – Standard of review – Reasonableness simpliciter Rowan v. New Brunswick Real Estate Assn., (in French) [2007] N.B.J. No. 124, New Brunswick Court of Queen’s Bench, ...

The Court of Appeal upheld the decision of the Discipline Committee of the Law Society of New Brunswick (the “Committee”) where it found the Appellant guilty of professional misconduct by acting, while in a conflict of interest, as counsel for a married couple who were separating

22. May 2007 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Conflict of interest – Professional misconduct – Disciplinary proceedings – Judicial review – Standard of review – Reasonableness simpliciter O’Toole v. Law Society of New Brunswick, [2007] N.B.J. No. 66, New Brunswick Court of Appeal, March 15, 2007, J.Z. Daigle, A. Deschênes ...

The appeal by Page from a decision of the Appeals Tribunal of the Workplace, Health, Safety and Compensation Commission of New Brunswick (the “Commission”) was allowed where the Court found that the Appeals Tribunal made a palpable and overriding error in upholding the Commission’s decision to reopen and reject Page’s claim for benefits

28. November 2006 0
Administrative law – Workers Compensation – Benefits – Decisions of administrative tribunals – Workers Compensation Boards – Judicial Review – Statutory provisions – Evidence – Jurisdiction Page v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2006] N.B.J. No. 394, New Brunswick Court of Appeal, September 21, 2006, W.S. Turnbull, J.Z. Daigle and J.T. Robertson JJ.A. ...