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 P.E.I. Court of Appeal increased the general damages awarded to the Appellant for a breach of his right to freedom of expression under section 2(b) of the Charter of Rights and Freedoms from $15,000 to $75,000 on the basis that the trial judge overlooked evidence regarding the consequences of the Respondent’s infringement on the Appellant

26. July 2005 0
Administrative law – Charter of Rights – Freedom of expression – Employment law – Termination of employment – Damages – Judicial review – Appeals – Evidence – Standard of review of appellate court Morin v. Prince Edward Island Regional Administrative Unit No. 3 School Board, [2005] P.E.I.J. No. 42, Prince Edward Island Supreme Court – Appeal Division, ...

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 decision of the British Columbia Human Rights Tribunal to dismiss a complaint was not patently unreasonable as the Tribunal found that there were insufficient facts alleged regarding any discrimination on the part of the government towards the Complainant to move the complaint out of the realm of conjecture

26. July 2005 0
Administrative law – Human rights complaints – Discrimination – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review – No reasonable cause of action – Standard of review – Patent unreasonableness Shilander (Re), [2005] B.C.J. No. 1123, British Columbia Supreme Court, May 18, 2005, Gerow J. The Complainant filed a complaint with the B.C. Human ...

The language used by Parliament in the Canadian Human Rights Act is wide enough to cover its own employees; therefore, the former Speaker of the House of Commons could not evoke the principles of parliamentary privilege in order to prevent the Canadian Human Rights Tribunal from investigating the Respondent’s complaint. However, the Respondent’s complaints could have been adjudicated under the Parliamentary Employment and Staff Relations Act which was intended to be the exclusive method of dispute resolution for such employees. As such, the appeal was allowed.

26. July 2005 0
Administrative law – Government – Employees – Human rights complaints – Discrimination – Employment law – Parliamentary employment – Constitutional law – Parliamentary privilege – Application of human rights legislation Canada (House of Commons) v. Vaid, [2005] S.C.J. No. 28, Supreme Court of Canada, May 20, 2005, McLachlin C.J. and Major, Bastarache, Binnie, LeBel, Deschamps, Fish, Abella ...

The West Kootenay Community EcoSociety (“EcoSociety”) successfully petitioned to set aside the decision of the Minister of Water, Land, and Air Protection to move the driveway of a small provincial park to a location 30 metres to the east

26. July 2005 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Environmental issues – Parks – Judicial review application – Crown immunity West Kootenay Community EcoSociety v. British Columbia (Ministry of Water, Land, and Air Protection), [2005] B.C.J. No. 1224, British Columbia Supreme Court, May 30, 2005, Prowse J. Grohman Narrows Provincial Park is located near Nelson, ...

A 25-year veteran (“Read”) of the Royal Canadian Mounted Police (“RCMP”) did not succeed on judicial review from the decision of the Assistant Commissioner that he had breached the RCMP Code of Conduct and should be dismissed for discussing an investigation into suspected criminal activity in and about the Immigration Section of the Canadian Mission in Hong Kong with the media, when he had earlier sworn an Oath of Secrecy

26. July 2005 0
Administrative law – Police – Royal Canadian Mounted Police – Disciplinary proceedings – Penalties and suspensions – Whistle-blower defence – Evidence – Public interest test – Judicial review – Standard of review – Correctness – Reasonableness simpliciter Read v. Canada (Attorney General), [2005] F.C.J. No. 990, Federal Court, June 2, 2005, Harrington J. In 1991 and ...

The Federal Court of Appeal overturned a lower court decision in respect of access to a legal advice memorandum commissioned by the Canadian government regarding a series of Access to Information Requests. Solicitor-client privilege was held to apply to prevent the Commissioner from accessing the memo.

26. July 2005 0
Administrative law – Freedom of information and protection of privacy – Disclosure – Access to information – Production of records – Prime Minister’s Office – Legal memorandum – Solicitor-client privilege – Judicial review – Compliance with legislation – Standard of review – Correctness Canada (Attorney General) v. Canada (Information Commissioner), [2005] F.C.J. No. 926, Federal Court of Appeal, ...