Stinchcombe succeeded in his appeal of the decision allowing the Law Society of Alberta to proceed with two charges against him relating to events occurring in 1986 and 1987. The Court held that Stinchcombe’s ability to defend the charges had been prejudiced by the Law Society’s inordinate and inexcusable delay and that this constituted a denial of natural justice.

Administrative law – Barristers and solicitors – Disciplinary proceedings – Boards and tribunals – Jurisdiction – Natural justice – Delay – Hearings – Disclosure – Judicial review – Standard of review- Correctness test Stinchcombe v. Law Society of Alberta, [2002] A.J. No. 544, Alberta Court of Appeal, April 26, 2002, Conrad, O’Leary and Paperny JJ.A. On ...

Butterworth failed in his application seeking a stay of his disciplinary hearing before a committee of the College of Veterinarians of Ontario where the court found that prospective damage to Butterworth’s personal and professional reputation did not constitute “irreparable harm”

Administrative law – Veterinarians – Disciplinary proceedings – Stay of proceedings – Jurisdiction – Judicial review – Standard of review – Correctness test Butterworth v. College of Veterinarians of Ontario, [2001] O.J. No. 5265, Ontario Superior Court of Justice, August 10, 2001, MacFarland J. Butterworth, a veterinarian, was scheduled to have his case heard before a ...

Oulton succeeded in obtaining an order that the Chicken Farmers of Nova Scotia (the “Board”) acted ultra vires its jurisdiction in imposing a new entrant’s fee

Administrative law – Boards and tribunals – Jurisdiction Oulton v. Chicken Farmers of Nova Scotia, [2002] N.S.J. No. 127, Nova Scotia Supreme Court, March 18, 2002, Wright J. The Chicken Farmers of Nova Scotia is a commodity board constituted under the Nova Scotia Chicken Marketing Plan, the stated purpose of which is to promote, control ...

A senior air traffic controller (“Hudgin”) succeeded in obtaining an order overturning the decision of the Appeal Panel of the Civil Aviation Tribunal which had confirmed a penalty against Hudgin for giving instructions contrary to the applicable standards governing the separation of aircraft on a runway. The court held that Hudgin was not in breach of his statutory duty as the improper direction at issue was actually made by a trainee under the supervision of Hudgin.

Administrative law – Aeronautics – Air traffic controllers – Supervision of trainee – Compliance with legislation – Judicial review – Standard of review – Unreasonableness Hudgin v. Canada (Minister of Transport), [2002] F.C.J. No. 369, Federal Court of Appeal, March 14, 2002, Décary, Sexton and Evans JJ.A. On December 16, 1997, an air traffic controller-trainee at ...

Higgins failed in her application to overturn the decision of the Superintendent of Motor Vehicles upholding a notice of driving prohibition. The court held that the notice of driving prohibition was not a nullity merely because the issuing police officer had checked both the box with respect to the offence of having a blood alcohol concentration over the limit and the box for the offence of failing to provide a breath sample. The court referred the matter back to the Superintendent of Motor Vehicles with a direction that both offences could be considered.

Administrative law – Motor vehicles – Suspension of driver’s licence – Judicial review application – Procedural requirements Higgins v. British Columbia (Attorney General), [2002] B.C.J. No. 545, British Columbia Supreme Court, March 14, 2002, E.R.A. Edwards J. Higgins was served with a Notice of Driving Prohibition by a police officer on April 7, 2001 and completed ...

Duck Lake Feed Processors Ltd. (“DLFP”) succeeded in obtaining an order setting aside an order issued by the council of Duck Lake directing DLFP to remedy perceived inadequacies in the structure of DLFP’s feed processing facility. The court held that the council did not have sufficient evidence with respect to the actual condition of the building to support the order made.

Administrative law – Municipal boards – Orders – Validity Duck Lake Feed Processors Ltd. v. Duck Lake (Town), [2002] S.J. No. 139, Saskatchewan Court of Queen’s Bench, March 13, 2002, Maher J. DLFP applied pursuant to s. 134(4) of The Urban Municipality Act, 1984 S.S. 1983-1984, c. U-11, for review of an order made by ...

Nexen Inc. (“Nexen”) sought judicial review of the decision of the chief electrical inspector who had refused to issue a permit to Nexen for an extension to its distribution system on the basis that the government utility, SaskPower, had the exclusive right to “supply, transport, distribute and sell” electricity. The court allowed Nexen’s appeal and set aside the decision of the chief inspector holding that the chief inspector had considered circumstances not relevant to the overall purpose of the Act under which he derived his powers, which was related to technical and safety standards, in refusing the permit.

Administrative law – Permits and licences – Compliance with legislation – Inspections – Powers under legislation Nexen Inc. v. Saskatchewan (Chief Electrical Inspector), [2002] S.J. No. 128, Saskatchewan Court of Queen’s Bench, March 6, 2002, Pritchard J. On August 13, 2001, the chief inspector, appointed by SaskPower pursuant to s. 6 of The Electrical Inspection ...

This is an Application for a Judicial Review of a Direction issued by Ontario Civilian Commission on Police Services (the “Commission”) directing the Ottawa-Carleton Regional Police Services Board (the “Board”) to require Sheila Dunlop to complete the basic recruit training program at the Ontario Police College. On review, the court quashed the direction of the Commission on the basis that the Commission erred in law in finding that the “initial period of training” in the governing legislation mandated completion of the basic recruit training program.

Administrative law – Judicial review application – Compliance with legislation – Standard of review – Correctness test – Police – Training requirements Ottawa-Carleton (Region) Police Services Board v. Ontario (Civilian Commission on Police Services), [2001] O.J. No. 5498, Ontario Superior Court of Justice, December 14, 2001, Zuber, Matlow and Cusinato JJ. Sheila Dunlop was a member ...

The Appellant’s, a retired teacher, allegations of defamation, negligence, malice and arbitrary treatment against other employees of the school district were dismissed on the grounds that the Court did not have jurisdiction to deal with them. The Court does not have jurisdiction to hear disputes whose “essential character” arises from the interpretation, application, administration, or violation of a collective agreement”. In such cases, the dispute must be dealt with by the dispute resolution process provided in the collective agreement and labour relations statutes and not by litigation in the Courts.

26. March 2002 0
Administrative law – Labour law – Collective agreements – Jurisdiction of court – Defamation – Qualified privilege Haight-Smith v. Neden, [2002] B.C.J. No. 375, British Columbia Court of Appeal, February 27, 2002, Esson, Ryan and Levine JJ.A. If the “essential character” of the dispute arises from the interpretation, application, administration or violation of the collective ...

An employer’s application for stay of proceedings of a human rights complaint was dismissed. Delay of 83 months since the first allegation and 56 months since the complaint was made was not sufficiently egregious to meet the high threshold necessary to support a remedy of a stay of proceedings

26. March 2002 0
Administrative law – Human rights complaints – Judicial review – Boards and tribunals – Bias – Breach of procedural fairness – Delay Crown Packaging Ltd. v. Ghinis, [2002] B.C.J. No. 489, British Columbia Court of Appeal, March 7, 2002, Prowse, Hall and Mackenzie JJ.A. The events alleged as the grounds of the complaint arose in November ...