The Respondent City did not have a statutory duty under the Municipal Government Act to supply utility services to parcels of land beyond its municipal boundaries

28. December 2004 0
Administrative law – Municipalities – Utility services – Judicial review – Compliance with legislation – Remedies – Mandamus Landrex Developers Inc. v. St. Albert (City), [2004] A.J. No. 1116, Alberta Court of Queen’s Bench, October 8, 2004, Greckol J. The Applicants brought an application for an order in the nature of mandamus to compel the City of ...

Three graduates of non-Canadian dentistry schools (the “Applicants”) were unsuccessful in their applications for judicial review of the decisions of the Alberta Dental Association and College and the associated Council denying their registration and licensing attempts to become dentists who could practice in Alberta

28. December 2004 0
Administrative law – Dentists – Governance – Licence to practice – Examinations – Foreign graduates – Decisions of administrative tribunals – Dental Association and College – Judicial review – Standard of review – Patent unreasonableness – Limitations Patterson v. Alberta Dental Assn. And College, [2004] A.J. No 1162, Alberta Court of Queen’s Bench, October 14, 2004, ...

The court found that the higher standard of proof applied by the Human Rights Tribunal Panel was wrong and contrary to the very essence of human rights legislation. However, in reviewing all of the evidence, the court held that the conclusion of the Panel was correct. The facts established by the Applicant did not amount to discrimination against the Applicant by the employer on the basis of race, colour, ancestry or place of origin with regard to employment or any term or condition of employment.

28. December 2004 0
Administrative law – Human rights complaints – Discrimination – Decisions of administrative tribunals – Human Rights Commission – Judicial review – Standard of review – Correctness Bobb v. Alberta (Human Rights and Citizenship Commission), [2004] A.J. No. 1117, Alberta Court of Queen’s Bench, October 12, 2004, Verville J. The Applicant filed a complaint with the Human Rights ...

A fisherman (“Decker”) succeeded on his application for judicial review of the decision of the Minister of Fisheries and Oceans (the “Minister”) refusing his application for a shrimp licence

28. December 2004 0
Administrative law – Fisheries – Licence applications – Permits and licences – Decisions of administrative tribunals – Ministerial – Judicial review – Evidence Decker v. Canada (Attorney General), [2004] F.C.J. No 1762, Federal Court, October 20, 2004, O’Keefe J. Decker was a core enterprise fisher in Newfoundland and Labrador holding a groundfish licence. In April of 1997, the ...

The Minister’s decision not to order an environmental impact assessment with respect to the Appellant’s proposal to enlarge a ski resort was found to be patently unreasonable and quashed. The matter was ordered to be returned to the Director for determination in accordance with the legislation.

28. December 2004 0
Administrative law – Environmental issues – Environmental impact assessment – Decisions of administrative tribunals – Ministerial orders – Judicial review – Compliance with legislation – Standard of review – Patent unreasonableness Castle-Crown Wilderness Coalition v. Flett, [2004] A.J. No. 1128, Alberta Court of Queen’s Bench, July 2, 2004, Kenny J. The Applicant Wilderness Coalition applied for judicial ...

A motorist who had received three roadside suspensions within two years (“Gyles”) was unsuccessful in his appeal of the dismissal of his application for judicial review of the decision of the Superintendent of Motor Vehicles (the “Superintendent”) prohibiting him from driving. Gyles had failed to submit to a required medical examination.

28. December 2004 0
Administrative law – Decisions of administrative tribunals – Motor vehicles – Suspension of driver’s licence – Evidence – Mandatory medical examination – Judicial review – Compliance with legislation Gyles v. British Columbia (Superintendent of Motor Vehicles), [2004] B.C.J. No 2158, British Columbia Court of Appeal, October 21, 2004, Finch C.J.B.C., Esson and Newbury JJ.A. The Court of ...

On an appeal from a dismissal of an application for judicial review of a series of decisions made by the City of Winnipeg in relation to the rezoning and development of a property, the Court of Appeal held that the application judge did not misapprehend either the law or the facts and exercised his discretion correctly in dismissing the application. The City had the jurisdiction to make the decisions in question and did not lose jurisdiction by the manner in which it made them.

28. December 2004 0
Administrative law – Municipalities – Jurisdiction – Planning and zoning – Decisions of administrative tribunals – Municipal councils – Rules and by-laws – Judicial review – Procedural requirements and fairness – Statutory powers – Standard of review – Correctness Hechter v. Winnipeg (City), [2004] M.J. No. 357, Manitoba Court of Appeal, June 28, 2004, Scott C.J.M., Monnin ...

An unregistered egg farmer (“Donszelmann”), who had shown a complete disregard for the licensing and quota provisions of the Marketing of Agricultural Products Act S.A. 1987, c. M-5.1 (the “Act”) and its Regulations, was ordered to pay service charges in respect of egg production during a specified period to The Alberta Egg Producers Board (the “Board”)

28. December 2004 0
Administrative law – Decisions of administrative tribunals – Egg Producers Board – Penalties – Service fees – Judicial review – Compliance with legislation Alberta Egg Producers Board v. Donszelmann, [2004] A.J. No. 1148, Alberta Court of Queen’s Bench, October 4, 2004, Johnstone J. Donszelmann had 6,000 hens removed from his farm pursuant to a Court order. ...

A lawyer (“Arsenault”) obtained an order quashing an interim suspension imposed upon him by the Law Society of New Brunswick (the “Law Society”) on the basis that he was not afforded procedural fairness

28. December 2004 0
Administrative law – Barristers and solicitors – Disciplinary proceedings – Penalties – Suspension – Judicial review – Administrative decisions – Procedural requirements and fairness Arsenault v. Law Society of New Brunswick, [2004] N.B.J. No 395, New Brunswick Court of Queen’s Bench, August 10, 2004, Russell J. On May 10, 2004, Arsenault was suspended from practising law ...

The court found a reasonable apprehension of bias to exist in circumstances where a physician testified at a College disciplinary hearing as both a fact and expert witness and was subsequently appointed to be a member of the College Discipline Committee shortly before the decision pertaining to the hearing at which she gave evidence was released

28. December 2004 0
Administrative law – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct – Penalties and suspensions – Decisions of administrative tribunals – College of Physicians and Surgeons – Committee members – Impartiality – Judicial review – Witnesses – Bias – Disclosure – Procedural requirements and fairness Li v. College of Physicians and Surgeons of Ontario, [2004] O.J. ...