The family owners of a ranch (the “Chivers”) were unsuccessful in their appeal from certain aspects of a decision of the Expropriation Compensation Board (the “Board”) which had fixed compensation for the effect upon their ranch of the expropriation of a portion of that land for highway widening project

26. July 2005 0
Administrative law – Decisions of administrative tribunals – Expropriation Compensation Board – Judicial review – Standard of review – Correctness – Reasonableness simpliciter Chivers v. British Columbia, [2005] B.C.J. No. 1227, British Columbia Court of Appeal, June 3, 2005, Esson, Prowse and Lowry JJ.A. The Chivers property was bisected by a highway such that the northern ...

The Court allowed the Applicants’ application for judicial review and set aside a report by the Public Service Integrity Officer (“PSIO”) concerning allegations by the Applicants of wrongdoing at Health Canada. The Court found that the PSIO had failed to conduct the investigation in accordance with its mandate, by failing to address the concerns of the Applicants, and thereby making an error in law.

28. June 2005 0
Administrative law – Decisions of administrative tribunals – Public Service Integrity Officer – Investigations – Jurisdiction – Public interest – Judicial review – Disclosure – Standard of review – Correctness – Reasonableness simpliciter Chopra v. Canada (Attorney General), [2005] F.C.J. No. 712, Federal Court, April 29, 2005, O’Keefe J. The four Applicants were employees of the ...

The Court allowed the appeal of a teacher who had been found guilty of professional misconduct and conduct unbecoming a teacher by the Respondent College. The Court found that the College had erred in concluding that the Appellant’s mental condition was irrelevant to a determination of whether his conduct amounted to professional misconduct.

28. June 2005 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – What constitutes – Mental condition – Relevancy – Penalties – Public interest – Judicial review – Standard of review – Correctness – Reasonableness simpliciter Stuart v. British Columbia College of Teachers, [2005] B.C.J. No. 989, British ...

The Court dismissed the Petitioner’s appeal of a decision of the Respondent College’s Registration Committee which had dismissed her appeal regarding the results of her written examination for qualification. The Court found that the Registration Committee had not violated the principles of natural justice in administering the written examination, the College had not acted on irrelevant considerations in setting the passing score for the written examination and the College had not violated the rules of natural justice in conducting the Petitioner’s internal appeal.

28. June 2005 0
Administrative law – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Licence to practice – Examinations – Judicial review – Procedural requirements and fairness – Natural justice – Legitimate expectations – Appeal process – Standard of review – Correctness – Reasonableness simpliciter Eliott v. College of Traditional Chinese Medicine Practitioners and Acupuncturists ...

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 ...

The Court allowed the Plaintiffs’ motion for an injunction that prevented the Defendant School Board from tabling or debating a motion for closure of three particular schools without further leave of the Court. The Court dismissed the Defendant’s application to strike the pleadings.

28. June 2005 0
Administrative law – Schools – Closures – Parental rights – Remedies – Injunctions – Interlocutory injunctions – Availability – Test – Judicial review – Compliance with legislation Bellamy v. Edmonton Public School Board No. 7, [2005] A.J. No. 526, Alberta Court of Queen’s Bench, May 10, 2005, Hillier J. The Plaintiffs were parents of students currently attending ...

Corporations who had commenced a re-zoning application to permit construction of a five-storey apartment building appealed the decision of a reviewing judge declaring an amending bylaw invalid due to a breach of procedural fairness during the hearing to adopt the bylaw

28. June 2005 0
Administrative law – Municipalities – Planning and zoning – Power to amend by-laws – Judicial review – Procedural requirements and fairness – Public hearings – Standard of review – Correctness Keefe v.Clifton Corp., [2005] A.J. No. 371, Alberta Court of Appeal, April 12, 2005, McFadyen, Russell and Berger JJ.A. Residents of the area where the apartment ...

A former RCMP cadet and Muslim (“Tahmourpour”) successfully appealed from the dismissal of his human rights complaint on the basis that the investigator had failed to investigate obviously crucial evidence and had thereby breached the duty of fairness. The matter was remitted back to the Human Rights Commission.

28. June 2005 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Investigations – Human rights complaints – Discrimination – Judicial review – Procedural requirements and fairness – Witnesses Tahmourpour v. Canada (Solicitor General), [2005] F.C.J. No. 543, Federal Court of Appeal, April 6, 2005, Rothstein, Sexton and Evan JJ.A. Tahmourpour, a Canadian citizen of Middle Eastern ...

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 ...