A decision of the Minister of Education removing the authority from a School Board members for unprofessional conduct was highly discretionary and fact-based. Such a decision was to be reviewed on a standard of reasonableness. As long as it fell within the possible range of reasonable outcomes, the decision should not be overturned on judicial review.

26. August 2008 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – School boards – Powers and duties – Code of ethics – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter – Human rights – Charter of Rights and Freedoms Nova Scotia v. Nova Scotia (Minister of Education), [2008] N.S.J. No. ...

The Court of Appeal allowed the appeal of the National Parole Board from the inmate’s successful habeas corpus application in respect of the Board’s process. The Supreme Court erred in hearing the habeas corpus application because the Board’s statutory appeal process had not been exhausted.

Administrative law – National Parole Board hearings – Remedies – Habeas corpus – Judicial review – Disclosure – Procedural requirements and fairness L.R.F. v. Canada (National Parole Board), [2008] N.S.J. No. 252, Nova Scotia Court of Appeal, June 18, 2008, N.J. Bateman, L.L. Oland and J.E. Fichaud JJ.A L.R.F. (the “Offender”) was convicted of several ...

The Court dismissed an appeal by a regional municipality, which took the position that a discrimination complaint fell within the exclusive jurisdiction of a labour arbitrator appointed pursuant to the collective agreement, and that the Nova Scotia Human Rights Commission could thus not investigate the complaint. The Court upheld the decision of the chambers judge who had found that the Commission had concurrent jurisdiction.

Administrative law – Decisions of administrative tribunals – Arbitration Board – Human Rights Commission – Jurisdiction – Municipalities – Human rights complaints – Discrimination – Race – Judicial review – Compliance with legislation – Labour law – Collective agreements – Arbitration – Jurisdiction of labour arbitrator to hear human rights complaints Halifax Regional Municipality v. ...

The Court of Appeal upheld the Utility and Review Board’s decision rejecting a licensed restaurant’s application to acquire unrestricted entertainment privileges. The legislation requires that the Board be satisfied that the operation of the premises to be licensed will not interfere with the quiet enjoyment of neighbouring properties, either public or private. The Board’s determination under this legislative provision was largely fact-driven. The Board’s finding that, on a balance of probabilities, permitting live entertainment on the premises would not be consistent with the quiet enjoyment provisions of the Regulations was reasonable. The Court of Appeal also held that even if the matter was a question of law, the Board’s decision satisfied the “correctness” standard.

27. November 2007 0
Administrative law – Decisions of administrative tribunals – Utility and Review Board – Jurisdiction – Judicial review – Permits and licences – Compliance with legislation – Standard of review – Correctness Whiskey’s Lounge Ltd. v. Nova Scotia (Utility and Review Board), [2007] N.S.J. No. 399, Nova Scotia Court of Appeal, October 2, 2007, E.A. Roscoe, ...

The Court of Appeal overturned a WCAT Commissioner’s decision entitling a worker to workers’ compensation benefits. The Court found that the WCAT Commissioner made a series of patently unreasonable findings with respect to the medical evidence. The Court held that the conclusions regarding the medical expert opinion that the Commissioner made were directly contradicted by the physicians in their reports. The Court found that the Commissioner’s mistakes in understanding, interpreting, describing and applying the medical evidence was central to the Tribunal’s reasoning and amounted to errors of law requiring the Court of Appeal’s intervention.

Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Judicial review – Evidence Metropolitan Entertainment Group v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2007] N.S.J. No. 88, Nova Scotia Court of Appeal, March 6, 2007, E.A. Roscoe, T.A. Cromwell and J.W.S. Saunders JJ.A. The employer appealed a decision from the Workers’ ...

The province unsuccessfully appealed from a decision of the Nova Scotia Utility and Review Board (the “Board”) that a man whose land had been expropriated (“Bishop”) was entitled to an Order directing a Discovery of the province’s expert appraiser

26. December 2006 0
Administrative law – Expropriation – Decisions of administrative tribunals – Utility and Review Board – Practice and procedure – Administrative tribunals – Examination for discovery – Hearings – Appeals – Disclosure – Judicial review – Procedural requirements and fairness – Standard of review – Correctness Nova Scotia (Attorney General) v. Bishop, [2006] N.S.J. NO. 411, Nova Scotia ...

The appeal by the Capital District Health Authority from a ruling quashing a decision of an interest arbitration board on the basis that the Board was functus was allowed where the Court found that the Board did not make a reviewable error and the Application Judge had applied the wrong standard of review

26. September 2006 0
Administrative law – Labour law – Arbitration – Decisions of administrative tribunals – Health authorities – Functus officio – Judicial review – Jurisdiction – Standard of review – Reasonableness simpliciter Capital District Health Authority v. Nova Scotia Government and General Employees Union, [2006] N.S.J. No. 281, Nova Scotia Court of Appeal, July 7, 2006, T.A. Cromwell, ...

The Nova Scotia Construction Safety Association (the “Association”) appealed from the decision of the Human Rights Commission awarding damages to an employee, Karen Davison (“Davison”), who successfully obtained an award for damages for incidents of sexual harassment during the course of her employment. The appeal was dismissed except that the Order of the Human Rights Board of Inquiry that exemplary damages should be awarded against the Association was overturned.

25. July 2006 0
Administrative law – Human rights complaints – Sexual harassment – Gender – Decisions of administrative tribunals – Human Rights Commission – Damages – Judicial review – Delay – Evidence – Procedural requirements and fairness – Abuse of process – test – Standard of review – Reasonableness simpliciter Nova Scotia Construction Safety Assn. v. Nova Scotia (Human Rights ...

An appeal by way of trial de novo from a decision of the Respondent Board of Dispensing Opticians finding the Appellant guilty of unprofessional conduct was dismissed. The Court accepted the customers’ evidence that the Appellant became upset and berated them when they were dissatisfied with lenses designed by the Appellant and held that this constituted unprofessional conduct. The Court also found that the Appellant was guilty of unprofessional conduct in attempting to influence the complaints process of the Board by threatening to withhold money owed to one of the customers unless he dropped his complaint. The penalty of a seven-week suspension imposed by the Board was appropriate and was confirmed by the Court.

28. March 2006 0
Administrative law – Judicial review – Decisions of administrative tribunals – Opticians – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions Carr v. Nova Scotia (Board of Dispensing Opticians), [2006] N.S.J. No. 10, Nova Scotia Supreme Court, January 12, 2006, D.L. MacLellan J. An appeal was filed by J.C. from the ...

The Court allowed an appeal of a company that had sought redress from the Workers’ Compensation Board and the Workers’ Compensation Appeals Tribunal after it had lost considerable money over the years after being assigned an incorrect classification under the Act. The WCB and WCAT had erred in concluding that they did not have the discretion to contemplate a calculation of the Appellant’s over-assessment to a date earlier than the year in which the correction was made.

24. January 2006 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Industry classification – Assessment – Statutory interpretation – Judicial review – Compliance with legislation – Standard of review – Correctness Thermo Dynamics Ltd. v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2005] N.S.J. No 475, Nova Scotia Court of Appeal, November 23, 2005, E.A. Roscoe, ...