The Court dismissed the Province’s petition for judicial review of a decision of the British Columbia Human Rights Tribunal (the “Tribunal”) that the Province discriminated against the Respondents, Ms. Hutchinson and her father, Mr. Hutchinson, on the basis of physical disability and family status in the manner in which it was applying its Choices in Support for Independent Living (“CSIL”) policy which included a blanket prohibition against hiring family members. The Court upheld the Tribunal’s finding that a prima facie case of discrimination had been established against the Province and upheld the Tribunal’s order of monetary compensation of $105,850 to Mr. Hutchinson for lost opportunity for employment.

27. December 2005 0
Administrative law – Human rights complaints – Discrimination – Disability – Family members as care givers – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review – Standard of review – Correctness – Patent unreasonableness – Jurisdiction of tribunal – Damages British Columbia v. Hutchinson, [2005] B.C.J. No. 2270, British Columbia Supreme Court, October 12, 2005, Cullen ...

Garvey’s appeal from the decision of the Federal Court dismissing his application for judicial review of the dismissal of his human rights complaint by the Canadian Human Rights Commission was dismissed where the court found that Garvey had never requested accommodation from his employer for his alleged disability

27. December 2005 0
Administrative law – Human rights complaints – Discrimination – Disability – Duty to request accommodation – Decisions of administrative tribunals – Human Rights Commission – Judicial review – Standard of review – Reasonableness simpliciter Garvey v. Meyers Transport Ltd., [2005] F.C.J. No. 1684, Federal Court of Appeal, October 13, 2005, Desjardins, Evans and Sharlow JJ.A. Garvey was ...

A physician’s appeal of a decision of the Discipline Committee of the College of Physicians and Surgeons of Ontario (the “College”) was dismissed where the court found that the Committee’s decision was reasonable and supported by evidence and reasons which stood up to a probing examination

27. December 2005 0
Administrative law – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct – Penalties – Decisions of administrative tribunals – College of Physicians and Surgeons – Judicial review – Standard of review – Reasonableness simpliciter Dr. R.A.R. v. College of Physicians and Surgeons of Ontario, [2005] O.J. No. 4219, Ontario Superior Court of Justice, September 14, 2005, ...

A professional engineer (Visser) was successful in obtaining an Order prohibiting the Association of Professional Engineers and Geoscientists of British Columbia (the “Association”) from proceeding with a second inquiry in relation to a complaint made about Visser. The court held that permitting the Association to re-characterize the same conduct and then proceed with a second inquiry would represent an abuse of process.

27. December 2005 0
Administrative law – Engineers – Disciplinary proceedings – Professional misconduct – Decisions of administrative tribunals – Association of Professional Engineers – Estoppel and res judicata – Judicial review – Abuse of process Visser v. Association of Professional Engineers and Geoscientists of British Columbia, [2005] B.C.J. No. 2108, British Columbia Supreme Court, October 5, 2005, Baker J. On October ...

The Appeal of Genex from a decision of the CRTC cancelling its radio broadcast licence was dismissed as Genex was unable to establish a breach of the principles of natural justice, the standards of procedural fairness or the CRTC’s own rules of procedure. It was also unable to demonstrate a jurisdictional error or a material error in law that would render the decision unreasonable.

22. November 2005 0
Administrative law – Decisions of administrative tribunals – Canadian Radio-Television and Telecommunications Commission – Permits and licences – Suspensions – Judicial review – Procedural requirements and fairness – Natural justice – Charter of Rights – Freedom of expression Genex Communications Inc. v. Canada (Attorney General), [2005] F.C.J. No. 1440, Federal Court of Appeal, September 1, 2005, Richard C.J., Létourneau ...

An application brought by way of judicial review to quash a school closing bylaw was dismissed as the Court held that the process of closing the school was, as a whole, fundamentally fair and the Petitioners had adequate opportunity to consult with the School Board before the final decision was made to close the school

22. November 2005 0
Administrative law – Schools – Closures – Parental rights – Decisions of administrative tribunals – School boards – Judicial review – Procedural requirements and fairness Kelley v. Saanich School District No. 63, [2005] B.C.J. No. 1952, British Columbia Supreme Court, September 9, 2005, Sigurdson J. An application was brought by way of judicial review to quash a ...

An application for judicial review with respect to issues relating to an ongoing disciplinary hearing under the Alberta Police Act was dismissed on the basis of prematurity

22. November 2005 0
Administrative law – Decisions of administrative tribunals – Police Commission – Disciplinary proceedings – Hearings – Pending hearings – Discretion of court to interfere – Judicial review – Procedural requirements and fairness – Bias – Remedies – Availability Smyth v. Edmonton (City) Police Service, [2005] A.J. No. 1216, Alberta Court of Queen’s Bench, September 6, 2005, Lefsrud J. The ...

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 purported revocation of the Respondents’ motor vehicle dealer licences by the Registrar under the Ontario Motor Vehicle Dealers Act was invalid as the revocation was made without giving the dealers a right to a hearing, which right was absolute under section 7 of the Act

22. November 2005 0
Administrative law – Permits and licences – Suspensions – Compliance with legislation – Decisions of administrative tribunals – Motor Vehicle Dealers – Hearings – Right to hearing Amerato v. Ontario (Motor Vehicle Dealers Act, Registrar), [2005] O.J. No. 3713, Ontario Court of Appeal, September 8, 2005, K.N. Feldman, E.E. Gillese and H.S. LaForme JJ.A. An appeal was ...

A Hearing Officer stayed a disciplinary hearing under the Ontario Police Services Act on the basis that the hearing would constitute an abuse of process after the accused police officer had been acquitted on criminal charges arising from the same conduct that triggered the hearing. This decision was quashed on judicial review as the court found that proceeding with the disciplinary hearing would not constitute an abuse of process.

22. November 2005 0
Administrative law – Police – Disciplinary proceedings – Criminal charges – Evidence – Hearings – Decisions of administrative tribunals – Police Commission – Abuse of process – Test – Judicial review – Stay of proceedings – Standard of review – Correctness Peel (Regional Municipality) Police Service v. Watson, [2005] O.J. No. 3525, Ontario Superior Court of Justice, August 18, ...