The Appellant Hearing Aid Practitioner, Gedge, unsuccessfully appealed the decision of the Respondent Board, which penalized him for some of his conduct as a hearing aid practitioner

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Hearing Aid Practitioners Board – Hearing Aid Practitioners – Disciplinary proceedings – Penalties and Suspensions – Competence – Public interest – Judicial review – Self-governing professions – Jurisdiction – Compliance with legislation – Procedural requirements and fairness – Bias Gedge v. Hearing Aid Practitioners Board, [2009] N.J. ...

Employer’s refusal to allow a woman who had taken maternity and parental leave to return to work at the conclusion of her leave can be discrimination on the basis of sex. However, in such a case, the Human Rights Tribunal must consider all of the circumstances and ask whether it is reasonable to infer that the maternity leave was a causative factor in the refusal to continue employment. Where the refusal to continue the woman’s employment following maternity leave is based not on the prohibited ground of sex, but rather on the basis of customer or employer preference for the replacement worker, and where valid reasons are provided for the preference, unconnected to any prohibited grounds, an inference of discrimination will not be justified.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Gender – Employment law – Termination of employment – Judicial review – Evidence Human Rights Commission v. Newfoundland and Labrador (Minister of Health and Community Services), [2009] N.J. No. 34, 2009 NLCA 9, Newfoundland and Labrador Supreme ...

The Court allowed a preliminary application for consideration of a procedural matter regarding a decision of the Chair of the Discipline Committee of the Respondent Chiropractor Board. The application alleged reasonable apprehension of bias in the proceedings of the Discipline Committee. The application was allowed because the Chair had knowledge of credibility issues outside the context of the complaint that the Committee was adjudicating. A high standard of procedural fairness applied and there was a reasonable apprehension of bias in these circumstances.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Chiropractors – Professional governance and discipline – Professional misconduct / conduct unbecoming – Judicial review – Natural justice – Bias – Procedural requirements and fairness – Standard of review – Correctness Joyce v. Newfoundland and Labrador Chiropractic Board, [2008] N.J. No. 241, Newfoundland and Labrador Supreme Court ...

Two individuals applied to the Court for review of decisions of the Information and Privacy Commissioner which refused to accept their information requests. The Court decided, as a preliminary matter, that it had jurisdiction to review the decisions of the Commissioner, as his role was not such as to bring him within the sphere of legislative or parliamentary privilege.

23. September 2008 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Parliamentary privilege – Freedom of information and protection of privacy – Disclosure – Production of records – Judicial review – Jurisdiction McBreairty v Newfoundland and Labrador (Information and Privacy Commissioner), [2008] N.J. No. 229, Newfoundland and Labrador Supreme Court – Trial Division, February 6, ...

The appeal by a mining licence applicant (Vinland) from a Supreme Court decision returning Vinland’s appeal to the Mineral Rights Adjudication Board (the “Board”) for re-determination was dismissed where the Court found that the Board had jurisdiction to determine the Appeal but had failed to provide sufficient reasons in reaching its decision

25. March 2008 0
Administrative law – Natural resources – Mining leases – Staking requirements – Judicial review – Jurisdiction of tribunal – Natural justice – Failure to provide reasons – Evidence – Burden of proof Newfoundland and Labrador (Mineral Claims Recorder) v. Vinland Resources Ltd., [2008] N.J. No. 48, Newfoundland and Labrador Supreme Court – Court of Appeal, ...

The appeals by the Plaintiff fishermen from an application Judge’s decision striking their actions on the ground that they constituted a challenge to the ministerial decisions over which the Supreme Court of Newfoundland had no jurisdiction, was allowed in part, and the Court ordered that stays should have been entered pending judicial review before the Federal Court

25. March 2008 0
Administrative law – Fisheries – Licence applications – Duty of Crown employees – Judicial review – Jurisdiction of court – Ministerial orders – Stay of proceedings Donovan v. Canada (Attorney General), [2008] N.J. No. 36, Newfoundland and Labrador Supreme Court – Court of Appeal, February 5, 2008, B.G. Welsh, M. Rowe and L.D. Barry The ...

The Court allowed an Appeal by a licensed practical nurse from a finding of misconduct in relation to the Appellant’s failure to report an incident. The Court found that the incident was very minor and that it was not reasonable to find a requirement to report that would attract discipline and a sanction which would seriously affect the member’s ability to work.

26. December 2007 0
Administrative law – Decisions of administrative tribunals – Council for Licensed Practical Nurses – Nurses – Disciplinary proceedings – Reporting requirements – Judicial review – Evidence – Burden of proof – Standard of review – Reasonableness simpliciter – Failure to provide reasons – Natural justice Walsh v. Council for Licensed Practical Nurses, [2007] N.J. No. ...

The appeal by an accused (“Oliver”) from a decision refusing to appoint state-funded counsel of his choice to argue his application for state-funded counsel of his choice for his murder trial was dismissed where the Court found there was no basis for finding that Oliver would be denied a fair trial if he was not provided with state-funded counsel of his choice

26. December 2007 0
Administrative law – Decisions of administrative tribunals – Legal Aid Commission – Judicial review – Evidence – Prisons – Inmates – Right to counsel of their choice Oliver v. Newfoundland and Labrador Legal Aid Commission, [2007] N.J. No. 381, Newfoundland and Labrador Supreme Court – Court of Appeal, November 5, 2007, C.K. Wells C.J.N.L., K.J. ...

The Court held that it had no jurisdiction to entertain the claims of the Plaintiff as set out in his Statement of Claim, unless and until a successful judicial review had been completed through the Federal Courts Act

27. March 2007 0
Administrative law – Fisheries – Licence applications – Jurisdiction of court to hear a complaint – Judicial review – Permits and licences Waterman v. Canada (Department of Fisheries and Oceans), [2007] N.J. No. 27, Newfoundland and Labrador Supreme Court – Trial Division, January 25, 2007, R.J. Hall J. The Plaintiff brought an action in the Newfoundland ...

An Application for judicial review of a decision of the Human Rights Commission of Newfoundland to dismiss the complaint without a hearing was dismissed as there was no information arising from the investigation of the complaint which warranted sending the matter to a full inquiry. The investigation by the Commission was impartial and both parties had full opportunity to put forward their cases.

28. March 2006 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Discrimination – Equality rights – Judicial review – Investigations – Procedural requirements and fairness – Evidence – Standard of review – Reasonableness simpliciter Francis v. CHC Composites Inc., [2006] N.J. No. 8, Newfoundland and Labrador Supreme Court – Trial Division, January 13, 2006, W.G. ...