A physician (“Dr. Coull”) succeeded on appeal from an order of the Council of the College of Physicians and Surgeons (the “College”)

23. June 2015 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Judicial review – Evidence Coull v. College of Physicians and Surgeons of Prince Edward Island, [2015] P.E.I.J. No. 20, 2015 PECA 6, Prince Edward Island Court ...

A successful appeal by a physician (Dr. Swart) with respect to the Respondent College’s decision that he was unfit to practice

24. February 2015 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Physicians and Surgeons – Disciplinary proceedings – Competence – Professional misconduct / conduct unbecoming – Penalties – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Reasonableness simpliciter Swart v. College of Physicians and ...

An employee (“Ramsay”) of the City of Charlottetown (the “City”) brought an application for judicial review of a decision of the PEI Human Rights Commission (the “Commission”) dismissing his complaint that he had been discriminated against based on his political beliefs and disability. The application was dismissed.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Duty to accommodate – Investigations – Judicial review – Procedural requirements and fairness – Witnesses – Standard of review – Reasonableness simpliciter Ramsay v. Prince Edward Island (Human Rights Commission), [2014] P.E.I.J. No. 41, 2014 ...

The Appellant (Mr. Ayangma) unsuccessfully appealed a decision of the Supreme Court of PEI. The Supreme Court had refused Mr. Ayangma’s application for judicial review relating to a decision of the PEI Human Rights Commission. The PEI Human Rights Commission had dismissed Mr. Ayangma’s complaint relating to his job application for the Respondent (Canada Health Infoway Inc.).

26. August 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Employment law – Appointment – Judicial review – Evidence – Standard of review – Reasonableness simpliciter – Correctness – Stare decisis Ayangma v Prince Edward Island (Human Rights Commission), [2014] P.E.I.J. No. 33, 2014 PECA 13, Prince ...

A person who applied for a job at a school board was prevented from successful review of a human rights decision dismissing his complaint on the basis of a release he had signed earlier

19. August 2014 0
Administrative law – Human rights complaints – Discrimination – Settlements – Releases – Judicial review – Standard of review – Reasonableness simpliciter Ayangma v. Commission Scolaire de Langue Française, [2014] P.E.I.J. No. 28, 2014 PESC 18, Prince Edward Island Supreme Court, June 23, 2014, N.L. Key J. An applicant for the position of Director General ...

The applicant, Mr. Fisher, applied for judicial review of an order of the Minister of the Department of Environment, Labour and Justice ordering the applicant to pay the costs of remediation services on the applicant’s property

25. February 2014 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Environmental matters – Contaminated sites – Remediation – Costs – Judicial review – Natural justice – Procedural requirements and fairness – Compliance with legislation – Human rights – Charter of Rights and Freedoms Fisher v. Prince Edward Island (Minister of Environment, Labour and Justice), ...

The Appellant (the Workers’ Compensation Board) successfully appealed a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”). The WCAT had allowed a claim for compensation made by the Respondent (Ms. Cormier) but its decision was found to disclose a reasonable apprehension of bias.

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Judicial review – Bias – Evidence – Standard of review – Correctness Prince Edward Island (Workers’ Compensation Board) v. Cormier, [2011] P.E.I.J. No. 2, 2011 PECA 1, Prince Edward Island Court of Appeal, January 7, 2011, D.H. Jenkins ...

The Applicants successfully brought an application for judicial review of a decision made by the Executive Director of the Human Rights Commission in which the Executive Director dismissed their complaint as being out of time

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Limitations – Discoverability rule – Judicial review – Standard of review – Reasonableness simpliciter PEI Music and Amusement Operations Association Inc. v. Prince Edward Island, [2010] P.E.I.J. No. 43, 2010 PESC 40, Prince Edward Island Supreme Court, ...

The Appellant, a registrant of the College of Physicians and Surgeons of Prince Edward Island, successfully appealed a decision which suspended him from practice for 42 months, on the basis that such a sanction was out of proportion with the professional misconduct engaged in and did not accord with the totality principle

Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and suspensions – Judicial review – Standard of review – Reasonableness simpliciter Matheson v. College of Physicians and Surgeons of Prince Edward Island, [2010] P.E.I.J. No. 10, ...

The Applicant Town’s application for judicial review was dismissed in respect of the process followed by the Respondent School District when it relied on two specific reports and recommended closure of a school in the Applicant’s area

Administrative law – Decisions of administrative tribunals – School boards – Statutory powers – Policies – Schools – Closures – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice Georgetown (Town) v. Eastern School District, [2009] P.E.I.J. No. 25, Prince Edward Island Supreme Court, May 21, 2009, W.D. Cheverie J. ...