A dentist (“Dr. Sigesmund”) with a practice restricted to the treatment of temporomandibular joint disorders was partially successful in his appeal from a decision of the Discipline Committee of the Royal College of Dental Surgeons of Ontario (the “College”) where he was originally found guilty of multiple counts of professional misconduct

27. September 2005 0
Administrative law – Dentists – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Decisions of administrative tribunals – College of Dental Surgeons – Judicial review – Witnesses – Bias – Evidence – Standard of review – Reasonableness simpliciter Sigesmund v. Royal College of Dental Surgeons of Ontario, [2005] O.J. No. 3267, Ontario Superior Court of ...

The Court allowed an appeal by the Ontario Flue-Cured Tobacco Growers’ Marketing Board and reinstated a decision of the Respondent’s Appeal Tribunal which had found the Respondent, Stetler, guilty of engaging in the unlawful sale of tobacco outside the auspices of the Board’s quota system. The reviewing judge had erred in failing to properly determine the appropriate standard of review applicable to the Tribunal’s decision and by applying a standard of correctness rather than reasonableness.

23. August 2005 0
Administrative law – Decisions of administrative tribunals – Marketing Boards – Penalties – Judicial review – Evidence – Witnesses – Bias – Standard of review – Reasonableness simpliciter – Correctness Stetler v. Agriculture, Food and Rural Affairs Appeal Tribunal, [2005] O.J. No. 2817, Ontario Court of Appeal, July 8, 2005, S. Borins, K.N. Feldman and E.A. ...

An appeal of a decision of the Ontario Securities Commission was dismissed as the Court held that the decision of the Commission was reasonable

26. July 2005 0
Administrative law – Stock brokers – Disciplinary proceedings – Penalties – Decisions of administrative tribunals – Investment Dealers Association – Rules and by-laws – Judicial review – Standard of review – Reasonableness simpliciter Derivative Services Inc. v. Investment Dealers Assn. of Canada, [2005] O.J. No. 2118, Ontario Superior Court of Justice, May 25, 2005, R.T.P. Gravely, ...

The Appellant was unable to show that the Ontario Securities Commission’s conclusions in overturning the decision of the Ontario District Council of the Investment Dealers Association with respect to one count against the Appellant was unreasonable; nor was it shown that the Commission failed to show appropriate deference to the findings of the District Council. The Commission did not commit any error in principle in substituting a new penalty.

26. July 2005 0
Administrative law – Stock brokers – Disciplinary proceedings – Penalties – Suspensions – Decisions of administrative tribunals – Securities Commission – Judicial review – Standard of review – Reasonableness simpliciter Boulieris v. Investment Dealers Association. of Canada, [2005] O.J. No. 1984, Ontario Superior Court of Justice, May 11, 2005, J.D. Carnwath, J.R.R. Jennings and K.E. Swinton ...

It was not unreasonable for the Special Education Tribunal to refuse to provide the Applicant’s son with an intensive behavioural intervention program on the basis that such a program was medical treatment and not education

26. July 2005 0
Administrative law – School boards – Powers and duties – Parental rights – Special programs for autistic children – Decisions of administrative tribunals – Special Education Tribunal – Judicial review – Standard of review – Reasonableness simpliciter Clough (Litigation Guardian of) v. Simcoe County District School Board, [2005] O.J. No. 2124, Ontario Superior Court of Justice, May ...

The Discipline Committee of the Ontario College of Teachers acted arbitrarily and breached principles of natural justice and fairness in first scheduling a hearing during a time when it knew the Respondent would be out of the country and, second, in then refusing an adjournment of the hearing

26. July 2005 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Hearings – Judicial review – Adjournment of hearing application – Natural justice – Procedural requirements and fairness – Public interest Kalin v. Ontario College of Teachers, [2005] O.J. No. 2097, Ontario Superior Court of Justice, May 24, 2005, G.D. Lane, P.H. Howden and A.M. ...

The Court dismissed applications for judicial review by various police officers who had been referred to discipline hearings or informal resolution by the Respondent Commission. The Court found that there had been no breach of procedural fairness at this early stage in the administrative process, the applications were premature and, in two cases, were moot.

28. June 2005 0
Administrative law – Police – Disciplinary proceedings – Judicial review application – Premature – Judicial review – Procedural requirements and fairness – Bias – Mootness Sommers v. Ontario (Civilian Commission on Police Services), [2005] O.J. No. 1838, Ontario Superior Court of Justice, May 10, 2005, J.D. Carnwath, J.R.R. Jennings and K.E. Swinton JJ. The Applicant police officers ...

The Ontario Court of Appeal set aside the Superior Court’s Order requiring the Appellants to vacate a residential premises, on the basis that the Ontario Rental Housing Tribunal had exclusive jurisdiction to make such an Order

28. June 2005 0
Administrative law – Landlord and tenant – Residential tenancy agreements – Termination – Judicial review – Jurisdiction of court – Remedies – Injunctions – Availability Beach v. Mofatt, [2005] O.J. No. 1722, Ontario Court of Appeal, May 3, 2005, M.A. Catzman, M. Rosenberg and R.G. Juriansz JJ.A. The Appellants were the residential tenants of an illegal rooming ...

A freedom of information request led to a consideration of how the scope of standing of a tribunal in a judicial review of its own decision should be determined

28. June 2005 0
Administrative law – Freedom of information and protection of privacy – Disclosure – Standing in judicial review – Decisions of administrative tribunals – Hearings – Parties – Judicial review – Jurisdiction of tribunal Ontario (Children’s Lawyer) v. Ontario (Information and Privacy Commissioner), [2005] O.J. No. 1426, Ontario Court of Appeal, April 18, 2005, R.R. McMurtry C.J.O., S.T. Goudge ...

The Ontario Labour Relations Board did not err in consolidating and hearing together the reprisal complaint of the Respondent against his former employer at the same time as the employer’s motion for contempt. The Respondent was not denied a fair hearing as a result of both matters being heard together.

26. April 2005 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Jurisdiction – Hearings – Consolidation – Contempt – Judicial review – Procedural requirements and fairness – Evidence McNaught v. Toronto Transit Commission, [2005] O.J. No. 224, Ontario Court of Appeal, January 27, 2005, J.M. Simmons, E.E. Gillese JJ.A. and P.C. Hennessy J. (ad hoc) ...