A chiropractor, convicted of six counts of professional misconduct and sentenced to nine months suspension and costs of over $80,000, unsuccessfully appealed the decision of the College of Chiropractors of Ontario to the Ontario Superior Court of Justice

23. December 2003 0
Administrative law – Chiropractors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Suspensions – Costs – Judicial review – Administrative decisions – Evidence – Standard of review – Reasonableness simpliciter Ressel v. College of Chiropractors of Ontario, [2003] O.J. No. 3032, Ontario Superior Court of Justice, July 25, 2003, O’Driscoll, Then and Lang ...

The Applicant worker employed in the coal mines of Cape Breton Development Corporation (“Devco”), a federal corporation, applied for workers compensation based on loss of lung function due to occupational disease. The Workers’ Compensation Board refused his claims for want of evidence of loss of lung function. In dismissing the appeals, the Workers’ Compensation Appeals Tribunal held the worker to the civil standard of proof, because he was a federal employee claiming under the Government Employees Compensation Act (“GECA”). The Nova Scotia Court of Appeal held that the matter should be remitted to the Workers’ Compensation Appeals Tribunal for review of all the relevant evidence in light of the provisions of the Nova Scotia Workers’ Compensation Act.

23. December 2003 0
Administrative law – Workers compensation – Benefits – Statutory provisions – Federal and provincial legislation – Government employees – Judicial review – Administrative decisions – Compliance with legislation – Evidence – Jurisdiction McLellan v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2003] N.S.J. No. 365, Nova Scotia Court of Appeal, October 14, 2003, Glube C.J.N.S., Freeman and ...

The Alberta Court of Queen’s Bench concluded that the Appeals Commission of the WCB (the “Appeals Commission”) made no reviewable error in concluding that the Respondent was an insured worker acting in the course of his employment when he was involved in a motor vehicle accident with the Applicant who was similarly subject to the operation of the Workers Compensation Act, R.S.A. 2000, c. W-15 (the “Act”). In the result, the Applicant was barred by operation of s. 23(1) of the Act from pursuing a civil action commenced against the Respondent for losses occasioned in the accident.

23. December 2003 0
Administrative law – Workers compensation – Statutory provisions – Worker – Definition – Immunity from civil actions – Judicial review application – Administrative decisions Barker v. Sowa, [2003] A.J. No. 1276, Alberta Court of Queen’s Bench, October 16, 2003, Bielby J. The Applicant applied for judicial review of the decision of the Appeals Commission dated August 7, ...

A physician (“Lee”) appealed his conviction by a Panel of the Discipline Committee of the College of Physicians and Surgeons of Ontario on a charge of sexually abusing a patient. The Ontario Divisional Court allowed the appeal and ordered a new hearing on the basis that the Panel denied Lee natural justice and procedural fairness in the hearing by refusing to engage in an O’Connor-type inquiry into the evidence of the complainant’s psychologist, whose clinical records were illegible.

25. November 2003 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Fairness – Decisions of administrative tribunals – College of Physicians and Surgeons – Evidence – O’Connor motion – Hearing de novo – Judicial review – Procedural requirements – Natural justice – Hearings – Disclosure Lee v. College of Physicians and Surgeons of Ontario, [2003] O.J. No. 3382, Ontario ...

The Ontario Divisional Court upheld the finding of insider trading against the head institutional trader and part owner of Yorkton Securities Inc. (“Donnini”) made by the Ontario Securities Commission (“OSC”). The court reduced the trading suspension imposed by the OSC from 15 years to 4 years and directed that the matter of costs, which had been assessed by the OSC at $186,052.30, be referred back to the OSC to conduct an inquiry into the extent of the bill in order to substantiate the amount.

25. November 2003 0
Administrative law – Stock brokers – Disciplinary proceedings – Suspensions – Decisions of administrative tribunals – Securities Commission – Penalties – Judicial review – Costs Donnini v. Ontario Securities Commission, [2003] O.J. No. 3541, Ontario Superior Court of Justice – Divisional Court, September 15, 2003, Lane, Somers and Greer JJ. On June 11, 2002, two of the members ...

A disposition by the Ontario Review Board (the “Board”) allowing an accused found not guilty by reason of insanity and who remained a significant threat to the safety of the public, to be transferred to his country of origin for care and supervision was found unreasonable by the Court of Appeal. In finding that the disposition was unreasonable, the Court held that the existence of a deportation order was irrelevant to the Board’s consideration whether to return a dangerous patient to his native land and should not have been considered.

25. November 2003 0
Administrative law – Prisons – Transfer of inmates – Deportation orders – Statutory provisions – Criminal Code – Public safety – Decisions of administrative tribunals – Review Board – Judicial review – Jurisdiction R. v. Miller, [2003] O.J. No. 3455, Ontario Court of Appeal, September 10, 2003, Charron, Feldman and Simmons JJ.A. Miller was found not guilty ...

The Applicant, North American Construction Group Inc., sought to nullify the appointment of a Human Rights Panel to consider the complaint of Glenn Todd Davis (“Davis”) who filed a complaint against North American Construction Group Inc. after a drug test taken as a condition of employment uncovered his history of marijuana use. Davis claimed that the marijuana use was for medicinal purposes only; however, he was held to have lied to the testing lab and to representatives of North American Construction Group Inc. and so he forfeited the right to avail himself of any personal remedy.

25. November 2003 0
Administrative law – Human rights complaints – Discrimination – Drug and alcohol testing – Occupational requirement – Employment law – Condition of employment – Judicial review – Standard of review – Reasonableness simpliciter North American Construction Group Inc. v. Alberta Human Rights and Citizenship Commission, [2003] A.J. No. 1198, Alberta Court of Queen’s Bench, September 5, 2003, ...

An application by the Ontario Children’s Lawyer (“CLO”), for judicial review of an Order and a reconsideration decision issued by an adjudicator of the Respondent Information and Privacy Commissioner, to the effect that the senior adjudicator, David Goodis, be precluded from participating in the judicial review of the Order and subsequent reconsideration decision issued by him regarding a request by Jane Doe, a former client of CLO, for the file created while she was a child client of CLO and where CLO acted as her litigation guardian in two motor vehicle accident cases. The motion was dismissed and the Court considered and dismissed the judicial review application itself.

25. November 2003 0
Administrative law – Freedom of information and protection of privacy – Disclosure – Privacy commissioner – Standing in judicial review – Statutory interpretation – Adjudication – Crown counsel – Definition – Crown litigation privilege – Solicitor-client privilege – Judicial review – Parties – Standard of review – Reasonableness – Correctness Ontario (Children’s Lawyer) v. Ontario (Information and Privacy Commissioner), [2003] O.J. No. ...

The holder of a number of placer mining leases (“Klippert”) appealed a chambers judge’s finding that the Gold Commissioner had jurisdiction to amend his leases for the various areas of land. The chambers judge had found that the Gold Commissioner had jurisdiction under the Mineral Tenure Act to adjust the area of the leases granted, reducing the lease area, but that he had done so without adhering to the requirements of procedural fairness and natural justice. The Court of Appeal allowed the appeal and declared the revisionary provisos to be beyond the jurisdiction of the Gold Commissioner.

25. November 2003 0
Administrative law – Judicial review – Natural resources – Mining leases – Gold Commissioner – Jurisdiction – Powers under legislation – Procedural fairness – Natural justice Klippert v. British Columbia (Gold Commissioner), [2003] B.C.J. No. 2186, British Columbia Court of Appeal, September 23, 2003, Newbury, Huddard and Saunders JJ.A. Klippert had acquired various leases of land ...

A former school teacher (“Lurette”) who had been terminated from his employment after an investigation into a complaint alleging that he had engaged in sexual conduct with a student successfully applied for judicial review to quash the Board of Adjudication’s decision upholding the Province of New Brunswick’s decision to have him dismissed. Lurette alleged that the role of the Chair of the Board of Adjudication (“Poirier”) as an employee of the Service New Brunswick subsequent to the hearing but prior to the Board of Adjudication’s decision being rendered, created a reasonable apprehension of bias.

25. November 2003 0
Administrative law – Teachers – Disciplinary proceedings – Adjudication – Judicial review – Reasonable apprehension of bias – test – Procedural fairness – Natural justice Lurette v. New Brunswick (Minister of Education), [2003] N.B.J. No. 353, New Brunswick Court of Queen’s Bench, September 19, 2003, Young J. The court reviewed the principles of fundamental justice as including ...