The Nova Scotia Court of Appeal upheld a tribunal decision that suspended a pharmacist for two years for false, illegal prescriptions. Although the suspension was at the higher end of the scale, the Appeal Court found the penalty fell within the range of permissible outcomes under the reasonableness standard of review.

Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Disciplinary proceedings – Investigations – Penalties and suspensions – Judicial review – Compliance with legislation – Evidence – Jurisdiction of court – Standard of review – Reasonableness simpliciter – Costs Fadelle v. Nova Scotia College of Pharmacists, [2013] N.S.J. No. 90, ...

The applicant, The Society for the Prevention of Cruelty (the “Society”), sought an Order against the respondents, the former branch of the Society, requiring the respondents to vacate and turn over possession of all property with respect to an animal shelter located at 401 East Broadway, Sydney, Nova Scotia. The issue before the Court was whether it should grant the applicant’s motion for an interim injunction, pending a final hearing on the merits of the application, based on the tripartite test for interim injunctions.

Administrative law – Decisions of administrative tribunals – SPCA – Associations and clubs – Governance – Animals – Seizure and disposition of animals – Remedies – Interlocutory injunctions – Judicial review – Applications Society for the Prevention of Cruelty v Cape Breton Human Society, [2012] N.S.J. No. 164, 2012 NSSC 128, Nova Scotia Supreme Court, ...

The staff of the Securities Commission appealed an order directing them to answer a discovery question. The appeal was allowed and the matter was remitted to the Commission. The dispute was a matter falling squarely within the regulatory mandate and expertise of the Commission.

Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Practice and procedure – Examination for discovery – Judicial review – Legislative compliance – Jurisdiction of court – Privilege and immunity – Evidence  – Disclosure – Relevance of information disclosed Nova Scotia (Securities Commission) v. Potter, [2012] N.S.J. ...

The Appellant company successfully appealed the Respondent Panel’s decision to uphold an administrative penalty relating to trenching safety requirements. The Court of Appeal held the Panel breached its duty of procedural fairness in considering documents not in the possession of the Appellant.

Administrative law – Decisions of administrative tribunals – Occupational Health and Safety Officer – Safety requirements – Penalties – Judicial review – Appeals – Procedural requirements and fairness – Natural justice – Evidence – Disclosure Sackville Trenching Ltd. v. Nova Scotia (Occupational Health and Safety Appeal Panel), [2012] N.S.J. No. 196, 2012 NSCA 39, Nova Scotia Court ...

This case concerned an employee who sustained a workplace injury and was granted a 5% permanent medical impairment as a result. Over twenty years later, additional medical information indicated that the employee’s injuries were more severe than originally appreciated. The employee thus sought a reconsideration of his original claim and an increase to his permanent medical impairment. The tribunal would not reconsider the original claim. The Court remitted the decision back to the tribunal for reconsideration. The Court found that the tribunal erred in its consideration of the criteria for new evidence, for reconsideration purposes, and summarized the appropriate test for the introduction of new evidence for reconsideration purposes.

28. February 2012 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Judicial review –  Evidence – Fresh evidence – admissibility Drake v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2012] N.S.J. No. 25, 2012 NSCA 6, Nova Scotia Court of Appeal, January 23, 2012, J.E. Fichaud, D.R. Beveridge and D.P.S. Farrar JJ.A. The ...

The Court found, on judicial review, that the decision of the Director of Human Rights Commission extending the time to file a human rights complaint was unreasonable. The 12 month deadline to file a complaint ran until the formal complaint was made. The statutory scheme under the Human Rights Act, R.S.N.S. 1989, c.219 is premised on a formal complaint and a process of inquiry based on it. The Commission also breached its duty of procedural fairness by not giving the applicant employer, ExxonMobil Canada Ltd., a copy of the respondent employee’s request for an extension prior to the Director making a decision. Finally, there was no basis for a finding of exceptional circumstances because of the respondent’s counsel’s communications with the Commission led counsel to believe that the deadline to file a complaint was extended. The communications between counsel and the commission were about the administratively imposed 28 days for completing the intake questionnaire, not the 12 month statutory deadline. Also, those communications about extending time occurred after the statutory deadline had expired.

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Human rights complaints – Discrimination – Judicial review – Limitations – Extension of time – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter ExxonMobil Canada Ltd. v. Carpenter, [2011] N.S.J. No. 649, 2011 NSSC 445, Nova Scotia Supreme Court, December ...

The applicant, Truckair, successfully applied for judicial review of a Provincial Court judge’s decision not to recuse himself in a hearing about his jurisdiction to decide a Charter issue

27. December 2011 0
Administrative law – Judges – Recusal – Judicial review – Bias Truckair v Canada, [2011] N.S.J. No. 577, 2011 NSSC 398, Nova Scotia Supreme Court, October 28, 2011, C.A. Bourgeois J. The applicant (Truckair) was charged with six counts of fishery offences and a search warrant was obtained by investigators. Soon after, an ex parte application was made to ...

In a judicial review proceeding, the Nova Scotia Supreme Court declined to exercise its power to quash a decision made by the Assistance Appeal Board which awarded a mother of a special needs child increased funding to pay personal care workers for their assistance with her son. This was notwithstanding the existence of a directive that limited the amount of funding available for respite help.

Administrative law – Decisions of administrative tribunals – Assistance Appeal Board – Government – Funding of programs – Social assistance – Home care for disabled – Judicial review – Compliance with legislation – Standard of review – Correctness   Nova Scotia (Department of Community Services) v. Boudreau, [2011] N.S.J. No. 193, 2011 NSSC 126, Nova Scotia ...

The Court dismissed an application for judicial review of a decision by Nova Scotia Police Review Board, upholding the respondent’s dismissal of the applicant. The Court held that the Board’s decision was intelligible, justified and transparent, and rightfully considered all the aggravating and mitigating factors in the applicant’s circumstances. The Board’s consideration of the applicant’s post-dismissal conduct was not unreasonable.

Administrative law – Decisions of administrative tribunals – Police Review Board – Investigations – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Public interest – Judicial review – Procedural requirements and fairness – Bias – Standard of review – Reasonableness simpliciter Ranni v. Halifax (Regional Municipality), [2011] N.S.J. ...

Supervisors of the applicant registered nurse filed a complaint against her with the College of Registered Nurses of Nova Scotia. Following an investigation, the complaint was dismissed. The applicant then filed a complaint against each of the individuals that had filed a complaint about her, alleging that pursuing and filing the formal complaint constituted, inter alia, professional misconduct, willful misconduct, malice and slander. The complaints were dismissed by the Complaints Committee. The applicant sought judicial review of the dismissals.

22. February 2011 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Investigations – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Reporting requirements – Judicial review – Standard of review – Reasonableness simpliciter MacDonald v. College of Registered Nurses of Nova Scotia, [2010] N.S.J. No. 661, 2010 NSSC 430, Nova Scotia ...