The City of St. John’s (the “City”) was successful on an appeal from an order affirming an arbitration award, which held that an interest in land and water rights leased to the respondent Newfoundland Power Inc. (“Newfoundland Power”) ought to be valued as part of the going concern.

21. May 2013 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Natural resources – Electricity – Municipalities – Utility services – Contracts – Landlord and tenant – Leases – Land and water rights – Valuation – Judicial review – Standard of review – Reasonableness simpliciter St. John’s (City) v. Newfoundland Power Inc., [2013] N.J. No. ...

This was a judicial review of a decision of the Law Society of Newfoundland and Labrador not to refer an allegation of collusion between the presiding judge and a member of the Law Society to a disciplinary panel for hearing. The Supreme Court dismissed plaintiff’s allegation that he received unfavourable results in a matrimonial dispute due to collusion stating that Committee had acted reasonably in rejecting the complaint.

24. July 2012 0
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Barristers and solicitors – Professional misconduct – Disciplinary proceedings – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Aylward v. Law Society of Newfoundland and Labrador, [2012] N.J. No. 194, 2012 NLTD(G) 85, Newfoundland and Labrador Supreme ...

The decision of the Senate to suspend a university student for misconduct was set aside for lack of procedural fairness and an order was made to implement the Senate Committee’s recommendation allowing the student’s appeal

22. May 2012 0
Administrative law – Decisions of administrative tribunals – University Committees – Universities – Student discipline – Investigations – Judicial review – Procedural requirements and fairness – Failure to provide reasons Dunne v. Memorial University of Newfoundland, [2012] N.J. No. 89, Newfoundland and Labrador Supreme Court, March 8, 2012, A.E. Faour J. Dunne, a student at ...

Sanctions were imposed on a chiropractor by the chiropractor’s Newfoundland and Labrador Chiropractic Board (the “Board”). The Newfoundland and Labrador Supreme Court allowed the chiropractor’s appeal on the basis that the Board did not comply with its duty to give reasons for its decision. The complaint was remitted back to the Board for consideration.

26. July 2011 0
Administrative law – Decisions of administrative tribunals – Chiropractic Board – Chiropractors – Disciplinary proceedings – Penalties and suspensions – Judicial review – Natural justice – Procedural requirements and fairness – Failure to provide reasons – Costs MacAllister v. Newfoundland and Labrador Chiropractic Board, [2011] N.J. No. 205, 2011 NLTD(G) 85, Newfoundland and Labrador Supreme ...

A man (“Leonard”) employed to work on the Hibernia Oil Platform, appealed from a decision of the Human Rights Commission (the “Commission”) dismissing his complaint that his employer (Noble”) discriminated against him on the basis of a perceived drug addiction

24. May 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Drug and alcohol testing – Employer’s policies – Judicial review – Evidence – Standard of review – Correctness – Reasonableness simpliciter Leonard v. Newfoundland and Labrador (Human Rights Commission), [2011] N.J. No. 113, 2011 NLTD(G) ...

The Court of Appeal quashed a disciplinary tribunal’s decision as unreasonable because it rested only on an assessment of credibility but was not supported by physical evidence, did not account for the totality of the evidence, and relied on hearsay evidence offered by parties who did not witness the events in question

25. January 2011 0
Administrative law – Decisions of administrative tribunals – College of Licensed Practical Nurses – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Witnesses – Evidence Parsons v. College of Licensed Practical Nurses, [2010] N.J. No. 374, 2010 NLTD(G) 182, Newfoundland and Labrador Supreme Court, December 1, 2010, R.M. Hall ...

An appeal by Tilley from the decision of the Law Society of Newfoundland and Labrador (“Law Society”) dismissing Tilley’s complaint against a lawyer was allowed where the court held that the Law Society failed to examine whether the lawyer had owed a duty to Tilley as a member of the public and whether special considerations applied where the lawyer had a personal interest in the transaction at issue

25. January 2011 0
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Public interest – Judicial review – Standard of review – Reasonableness simpliciter Tilley v. Law Society of Newfoundland and Labrador, [2010] N.J. No. 381, 2010 NLTD 187, Newfoundland and Labrador Supreme Court, ...

The proper approach to statutory interpretation is that the words of an Act are to be read in their entire context and in their ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament. The decision that the Workplace Health, Safety and Compensation Commission (the “Commission”) made in this case was unreasonable on the basis that Commission, through the decision of the Internal Review Specialist, sought to discover the intention of the Commission, as opposed to the Legislature.

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Judicial review – Compliance with legislation – Statutory interpretation – Legislation – Standard of review – Reasonableness simpliciter Warford v. Weir’s Construction Ltd., [2010] N.J. No. 249, 2010 NLTD(G) 130, Newfoundland and Labrador Supreme Court, August 9, 2010, ...

The originating application of the Citizens’ Representative, Newfoundland and Labrador, was struck down for failing to disclose a cause of action where the relief sought was a declaration that the Citizens’ Representative was in a conflict of interest and that there was a reasonable apprehension of bias such that he should be dismissed from his position. His spouse was the CEO of the health authority in respect of which the Citizens’ Representative had received a request to investigate issues around mental health services delivery by that health authority.

27. July 2010 0
Administrative law – Investigations – Ombudsman – Cititzens’ Representative – Conflict of interest – Judicial review – Bias – Compliance with legislation – Jurisdiction of court – Legislative Assembly – Official appointments – Remedies – Certiorari – Practice and procedure – Parties – Standing – No reasonable cause of action Burry v. Newfoundland and Labrador ...

The Appellant Dentist successfully appealed the Respondent Board’s finding that he was guilty of professional misconduct

22. December 2009 0
Administrative law – Decisions of administrative tribunals – Dental Board – Dentists – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Hearings – Conduct of hearings – Settlements – Judicial review – Procedural requirements and fairness – Natural justice – Standard of review – Correctness Chandrasegaram v. Newfoundland and Labrador Dental Board, [2009] N.J. ...