The court dismissed an appeal overturning a decision of the Financial Services Tribunal which had held that section 70(6) of the Ontario Pension Benefits Act, R.S.O. 1990, c. P.8, does not require a distribution of the actuarial surplus when there is a partial wind-up of an Ontario defined benefit pension plan

28. September 2004 0
Administrative law – Decisions of administrative tribunals – Financial Services Commission – Pension plans – winding-up – surplus – Judicial review – Compliance with legislation – Standard of review – Correctness – Statutory interpretation – Legislation Monsanto Canada Inc. v. Ontario (Superintendent of Financial Services), [2004] S.C.J. No. 51, Supreme Court of Canada, July 29, 2004, McLachlin ...

An application was granted for an order of certiorari to quash a resolution of the Medical Advisory Committee of the Winnipeg Regional Health Authority that suspended the Applicant doctor’s medical staff privileges pending the outcome of a hearing into certain complaints against him. The Applicant’s privileges were re-instituted subject to certain conditions.

28. September 2004 0
Administrative law – Physicians and surgeons – Competence – Hospital privileges – Suspensions – Hearings – Judicial review – Natural justice – Procedural requirements and fairness – Administrative decisions – Bias – Remedies – Certiorari – Injunctions Fong v. Winnipeg Regional Health Authority, [2004] M.J. No. 299, Manitoba Court of Queen’s Bench, July 30, 2004, Beard J. The ...

The Citizen’s Representative sought a declaration that it had jurisdiction to conduct an investigation under the Citizens’ Representative Act, 2001 S.N.L. c. C-14.1 (the “Act”) with respect to potential injustice arising from the provisions of section 65.1(1) of the Workplace Health, Safety and Compensation Act, S.N.L., c. W-11 (the “WHSC Act”) which provided for the payment of benefits to spouses of workers killed on the job. The court found that what the Citizens’ Representative sought to investigate was the legislation itself and not a decision or recommendation relating to a matter of administration by a department or agency of government and held that the Citizens’ Representative did not have jurisdiction to conduct such an investigation.

28. September 2004 0
Administrative law – Workers compensation – Benefits – Federal and provincial legislation – Judicial review – Jurisdiction of Citizens’ Representative – Ombudsman – Jurisdiction Newfoundland (Citizens’ Representative) v. Newfoundland (Minister of Environment and Labour), [2004] N.J. No. 257, Newfoundland and Labrador Supreme Court – Trial Division, July 20, 2004, Russell J. The WHSC Act provided for ...

A former licensed member (“Padovan”) of the Association of Ontario Land Surveyors (the “Association”) brought an action against the Association claiming damages resulting from disciplinary proceedings instituted against him by the Association. The Association was successful in a motion for summary judgment where the court found that Padovan had not satisfied even the modest preliminary evidentiary burden to establish bias, harassment, malice or mala fides on the part of the Association.

28. September 2004 0
Administrative law – Land Surveyors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Administrative decisions – No reasonable cause of action – Bias – Evidence Padovan v. Assn. of Ontario Land Surveyors, [2004] O.J. No. 2921, Ontario Superior Court of Justice, April 7, 2004, Stach J. Padovan was the subject of ...

Costello appealed the decision of the Ontario Securities Commission (the “Commission”) which found that he had acted as an “advisor” without being registered to do so under section 25(1)(c) of the Securities Act, R.S.O. 1990 C. s.5 (the “Act”). The court employed a standard of review of reasonableness and found that the Commission’s decision was reasonable and supported by the evidence.

28. September 2004 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Personal interests – Public interest – Stock brokers and advisors – Disciplinary proceedings – Advisor – definition – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter – Costs Costello v. Ontario (Securities Commission), [2004] O.J. No. 2972, Ontario Superior Court of Justice, July ...

The holder of expropriated placer mining interests (“Eckervogt”) appealed the decision of the Expropriation Compensation Board (the “Board”) on the grounds of lack of independence or a reasonable apprehension of bias where one of the Board members (“Greenwood”) accepted a position as prosecutor with the Ministry of the Attorney General while the expropriation decision was under consideration. The court dismissed the appeal holding that the suggestion that Greenwood’s duties of confidentiality and fidelity to the Crown as prosecutor would place him in conflict with his duties as adjudicator was remote and speculative and should not lead to disqualification.

28. September 2004 0
Administrative law – Decisions of administrative tribunals – Expropriation Compensation Board – Conflict of interest – Independence vs. impartiality – Judicial review – Reasonable apprehension of bias – test Eckervogt v. British Columbia (Minister of Employment and Investment), [2004] B.C.J. No. 1492, British Columbia Court of Appeal, July 20, 2004, Finch C.J.B.C., Ryan, Donald, Saunders and ...

The New Brunswick Court of Appeal held that the Court of Queen’s Bench did not have jurisdiction to hear and determine the Appellant’s application for a judicial review of a decision of the New Brunswick Board of Commissioners of Public Utilities, since the appellant was a “public utility” and its avenue of appeal was directly to the Court of Appeal. The limitation period had expired and the Board’s decision was beyond judicial review.

28. September 2004 0
Administrative law – Decisions of administrative tribunals – Board of Commissioners of Public Utilities – Judicial review application – Jurisdiction of court – Public utility – definition – Compliance with legislation – Limitations Cooperators General Insurance Co. v. New Brunswick (Board of Commissioners of Public Utilities), [2004] N.B.J. No. 289, New Brunswick Court of Appeal, July 22, 2004, ...

The court dismissed a motion to quash an application for judicial review on the basis that the Applicant had an adequate alternative remedy in the form of a full hearing before a panel of the University Discipline Tribunal. The court allowed the Applicant’s cross-motion to stay the hearing of the Discipline Tribunal pending the resolution of the application for judicial review.

28. September 2004 0
Administrative law – Universities – Student discipline – Remedies – Alternative remedies – Judicial review application – Striking out – Bias – Jurisdiction – Stay of proceedings Freeman-Maloy v. York University, [2004] O.J. No. 3123, Ontario Superior Court of Justice, July 20, 2004, Epstein J. The Applicant was a student activist at York University who had engaged ...

A former employee of Metroland who suffered a non-work related injury, was accommodated in a more sedentary position but later was unable to reach the second floor to comfortably continue work (“Losenno”), was unsuccessful in his application for judicial review of two decisions of the Ontario Human Rights Commission (“Commission”) wherein they held that they would not refer his complaint of discrimination in employment to a Board of Inquiry for a full hearing

24. August 2004 0
Losenno v. Ontario (Human Rights Commission), [2004] O.J. No. 2667, Ontario Superior Court of Justice – Divisional Court, June 21, 2004, O’Driscoll, Lane and Jennings JJ. Losenno began working for Metroland as a press helper. He later became a rollman’s helper, which involved physical labour. He injured his knee off the job and Metroland accommodated ...

The York Catholic District School Board (“School Board”) appealed aspects of the Ontario Municipal Board’s (“OMB”) decisions in respect of expropriation of land for a school site from a developer (“Bernard”). Bernard cross-appealed. The OMB decisions were largely upheld.

24. August 2004 0
Bernard Homes Ltd. v. York Catholic District School Board, [2004] O.J. No. 2650, Ontario Superior Court of Justice, June 22, 2004, O’Driscoll, McCombs and Wilson JJ. Bernard developed, for residential and commercial purposes, a 61 hectare parcel in Richmond Hill between 1989 and 1995. A condition of approval of Bernard’s plan of subdivision, imposed by ...