The Court dismissed the appeal of Psychologist “Y” from the decision of the lower Court dismissing his assertion that the Nova Scotia Board of Examiners had no jurisdiction to pursue charges against him. The Court of Appeal held that an Order of prohibition was a drastic remedy to be used only in the clearest of cases and, in this case, it was desirable to have a full hearing and a determination of the issues on the merits. It was not clear that the Board had no authority to continue with the proceeding.

22. November 2005 0
Administrative law – Decisions of administrative tribunals – Board of Examiners of Psychologists – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Accreditation – Misrepresentation – Jurisdiction of tribunal – Judicial review – Stay of proceedings – Remedies – Prohibition – Availability Psychologist “Y” v. Nova Scotia Board of Examiners in Psychology, [2005] N.S.J. No. 350, ...

The Court ordered a re-hearing by the Police Review Board of a complaint against a police officer on the grounds that the Board had permitted inappropriate cross-examination of the Complainant, had failed to give adequate reasons, and had failed to assist the unrepresented Complainant

23. August 2005 0
Administrative law – Police – Disciplinary proceedings – Decisions of administrative tribunals – Police Commission – Hearings – Conduct of hearings – Unrepresented complainant – Judicial review – Evidence – Procedural requirements and fairness – Failure to provide reasons Kelly v. Nova Scotia (Police Commission), [2005] N.S.J. No. 284, Nova Scotia Supreme Court, June 2, 2005, F.C. Edwards ...

An employer’s appeal from a workers’ compensation determination that its employee had been injured, “in and out of the course of employment” as a snow plow operator, was unsuccessful

28. June 2005 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – In and out of the course of employment – Judicial review – Standard of review – Reasonableness simpliciter Nova Scotia (Department of Transportation and Public Works) v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2005] N.S.J. No. 137, Nova Scotia Court of Appeal, ...

The Court of Appeal held that a board of inquiry appointed under the Human Rights Act, R.S.N.S. 1989, c. 214 (the “Act”) was not entitled to make an award of legal costs as part of its compensation award

28. June 2005 0
Administrative law – Human rights complaints – Discrimination – Costs – Decisions of administrative tribunals – Human Rights Tribunal – Right to award costs – Judicial review – Jurisdiction of tribunal – Standard of review – Correctness Halifax (Regional Municipality) v. Nova Scotia (Human Rights Commission), [2005] N.S.J. No. 156, Nova Scotia Court of Appeal, April 22, 2005, ...

The court held that the Capital District Health Authority (“Capital Health”) was not bound by a settlement agreement between the CEO of Capital Health and a cardiologist (“Dr. Horne”) with respect to Dr. Horne’s hospital privileges. The CEO had neither actual nor ostensible authority to enter into a settlement on behalf of Capital Health and Capital Health had no power to delegate authority with respect to medical staff privileges.

26. April 2005 0
Administrative law – Physicians and surgeons – Hospital privileges – Health authorities – Statutory powers – Delegated authority – Settlements – Validity – Judicial review – Compliance with legislation – Jurisdiction – Procedural requirements and fairness Horne v. Capital District Health Authority, [2005] N.S.J. No. 85, Nova Scotia Supreme Court, February 23, 2005, D. Hall J. Dr. ...

An employer’s appeal of a decision of the Nova Scotia Workers Compensation Appeals Tribunal (“WCAT”) was dismissed when the court found there was evidence to support the WCAT’s conclusion that an intense meeting with a supervisor was a “traumatic event” such that the worker’s subsequent stress condition was an “accident” within the meaning of the Workers Compensation Act, S.N.S. 1994-95, c. 10.

26. April 2005 0
Administrative law – Workers compensation – Benefits – Statutory provisions – Accident – Definition – Traumatic event – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Standard of review – Correctness – Patent unreasonableness Children’s Aid Society of Cape Breton-Victoria v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2005] N.S.J. No. 75, Nova Scotia Court ...

The Court held that the Workers’ Compensation Board (“WCB”) was not entitled to withhold payment of a 1989 continuing award because of the worker’s 1991 receipt of settlement funds from his employer

25. January 2005 0
Administrative law – Workers compensation – Benefits – Statutory provisions – Statutory interpretation – Damages – Settlement monies from other jurisdictions – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Jurisdiction – Compliance with legislation – Standard of review – Correctness Dipersio v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2004] N.S.J. No. 442, Nova ...

The appeal of a decision of the discipline body of the Association of Professional Engineers of Nova Scotia was dismissed by the Supreme Court and on the subsequent appeal the Court held that the Supreme Court did not err in assessing the degree of proof required or in finding that any breaches of natural justice or procedural fairness were waived by the Appellant

28. December 2004 0
Administrative law – Engineers – Disciplinary proceedings – Professional misconduct – Penalties and suspensions – Decisions of administrative tribunals – Association of Professional Engineers – Judicial review – Procedural requirements and fairness – Bias – Natural justice Beaini v. Assn. of Professional Engineers of Nova Scotia, [2004] N.S.J. No. 383, Nova Scotia Court of Appeal, October 13, ...

Moore’s complaint under the Human Rights Act, R.S.N.S. 1989, c. 214 alleging discrimination by reason of race was dismissed by a Board of Inquiry constituted under the Act. The Board held that the fact that Moore’s employer had called her “kemosabe” did not establish harassment or discrimination where Moore could not prove that she had made known that this appellation was offensive to her. Moore’s appeal to the Court of Appeal was dismissed as the court concluded that the Board had not erred in the burden it placed upon Moore to prove her case.

28. December 2004 0
Administrative law – Human rights complaints – Discrimination – Race – Decisions of administrative tribunals – Human Rights – Burden of proof Nova Scotia (Human Rights Commission) v. Play It Again Sports Ltd., [2004] N.S.J. No. 403, Nova Scotia Court of Appeal, October 29, 2004, Glube C.J.N.S., Chipman and Hamilton JJ.A. Moore, a Mi’kmaq, had been ...

J.M.D.’s appeal of the dismissal of her claim for compensation pursuant to the Victims’ Rights and Services Act was allowed by the Nova Scotia Court of Appeal. The court held that the N.S. Utility and Review Board erred in the manner in which it considered and disposed of evidence of a witness tendered as similar fact evidence.

28. December 2004 0
Administrative law – Judicial review – Administrative decisions – Review Board – Evidence – Witnesses – Similar fact evidence admissibility J.M.D. v. Nova Scotia (Utility and Review Board), [2004] N.S.J. No. 400, Nova Scotia Court of Appeal, October 28, 2004, Glube C.J.N.S. J.M.D. claimed that, when she was a nursing student in Halifax in the mid-60s, ...