A chiropractor was unsuccessful on appeal from an order of the Joint Chiropractic Professional Review Committee (the “Committee”). The order that his billings be reduced by about $62,000.00 was upheld.

Administrative law – Decisions of administrative tribunals – College of Chiropractors – Investigations – Chiropractors – Disciplinary proceedings – Billing matters – Pattern of practice – Judicial review – Natural justice – Evidence – Notice – Standard of review – Reasonableness simpliciter New v. Saskatchewan (Minister of Health), [2010] S.J. No. 155, 2010 SKQB 111, ...

The Applicant accountant (“Kawula”) unsuccessfully brought an application for judicial review in respect of the Respondent Institute’s decision to proceed with a hearing regarding her conduct

Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Investigations – Accountants – Disciplinary proceedings – Competence – Judicial review – Stay of proceedings – Limitations – Procedural requirements and fairness – Natural justice – Delay – Jurisdiction to hear a complaint – Judicial review application – Striking out – Premature ...

The Appellant Saskatoon Board of Police Commissioners successfully appealed the Labour Relations Board’s decision to assert jurisdiction over a matter more properly within the jurisdiction established by The Police Act, 1990, ch. P-15-01, S.S. 1990-91, given its essential nature as a disciplinary issue and not an employment issue

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Police Commission – Labour law – Collective agreements – Jurisdiction of labour arbitrator to hear disciplinary grievances – Judicial review – Compliance with legislation – Jurisdiction of tribunal Saskatoon Board of Police Commissioners v. Saskatoon Police Association, [2009] S.J. No. 570, 2009 ...

The Appellant Rault successfully appealed the penalty decision made by the Respondent Law Society’s Discipline Committee. The Committee erred in failing to adequately consider the joint submission on penalty and the Court of Appeal substituted the penalty suggested in the joint submission.

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Penalties and Suspensions – Judicial review – Self-governing professions – Powers of Disciplinary Committee – Joint submissions Rault v. Law Society of Saskatchewan, [2009] S.J. No. 436, Saskatchewan Court of Appeal, July 15, 2009, G.R. Jackson, G.A. ...

The standard of review of an adjudicator’s decision made pursuant to the Occupational Health and Safety Act, 1993, S.S. 1993, c. O-1.1, on a point of law, is correctness. Section 27 of the Act which prohibits an employer from taking discriminatory action against a worker applies only as between the employer and the employer’s worker. The section does not apply as between an employer and a person who is a worker on the employer’s worksite but is not employed by the employer but by some other entity.

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Occupational Health and Safety Officer – Judicial review – Standard of review – Correctness – Compliance with legislation – Discrimination – Labour relations – Working conditions – Workers compensation – Worker – definition – Employer – definition Potash Corp. of Saskatchewan Inc. v. Oppenlander, [2009] S.J. No. ...

The application by a widow of a deceased worker for judicial review of the Workers’ Compensation Board’s decision refusing to set aside an amount payable to the widow under s. 83(5) of the Workers’ Compensation Act was dismissed for delay

Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Judicial review – Delay Holowachuk v. Saskatchewan (Workers’ Compensation Board), [2009] S.J. No. 109, Saskatchewan Court of Queen’s Bench, February 12, 2009, R.C. Mills J. A widow (“Holowachuk”) applied for judicial review of the Board’s decision refusing to ...

The Applicant trailer park owner applied for judicial review of a bylaw passed by the Respondent City, which implemented a licensing fee for the owners of trailer parks. The Court held that the bylaw was ultra vires of the licensing authority granted to the City because the fee was intended as a tax.

Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Powers under legislation – By-laws – Ultra vires – Power to enact by-laws – Permits and licences – Fees – Service fees – Property assessment – Trailer parks – Judicial review – Compliance with legislation Gould v. Weyburn (City), [2009] S.J. No. ...

The Saskatchewan Workers’ Compensation Board decision declining jurisdiction to adjudicate a claim made by an employee of the University of Saskatchewan against the University for harassment was quashed by the Court of Appeal and the matter referred back to the Board. It was incumbent on the Board to examine the grievance advanced by way of arbitration and determine whether and to what extent that claim was a claim for a workplace injury that, if established, would entitle the grievor to compensation under the Workers’ Compensation Act, S.S. 1979, c. W-17.1. The Board needed to consider not only the fact that the grievor’s claim under the Act was denied, but the basis upon which it was denied. The question is whether the injury claimed falls within the jurisdiction of the Board, not whether the claimant was successful in proving the claim to the Board.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Jurisdiction – Labour law – Arbitration – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter University of Saskatchewan v. Workers’ Compensation Board of Saskatchewan, [2009] S.J. No. 76, 2009 SKCA 17, Saskatchewan Court of Appeal, February 6, 2009, ...

The appeal by the University of Saskatchewan (the “University”) from an interim arbitration award was allowed where the court found that the probation imposed on a medical resident by the College of Medicine following harassment complaints was academic in nature and not subject to the grievance procedure

24. February 2009 0
Administrative law – Decisions of administrative tribunals – College of Medicine – Universities – Medical residents – Student discipline – Harassment – Labour law – Arbitration – Collective agreements – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Correctness University of Saskatchewan v. Wilde, [2008] S.J. No. 814, Saskatchewan ...

A taxi operator appealed the decision of the Saskatchewan Human Rights Tribunal which had found that he had discriminated against a disabled man by refusing to provide taxi service to him. The court dismissed the appeal, finding that the Tribunal had jurisdiction to hear and determine the complaint, and award costs against the Appellant. The court also rejected the Appellant’s allegation of bias on the part of the Tribunal member.

24. February 2009 0
Administrative law – Human rights complaints – Discrimination – Disability – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction – Right to award costs – Judicial review – Bias – Test – Compliance with legislation – Standard of review – Correctness Sahota v. Scott, [2008] S.J. No. 836, Saskatchewan Court of Queen’s Bench, ...