Administrative law – Physicians and surgeons – Disciplinary proceedings – Inquiry committee decisions – Fairness – Evidence – Sentencing – Judicial review – Appeal process – Scope of appeal M.M. v. College of Physicians and Surgeons of British Columbia, [2002] B.C.J. No. 2833, British Columbia Supreme Court, November 4, 2002, Bauman J. M.M., a medical doctor, ...
Administrative law – Employment standards – Termination of employment – Just cause – Decisions of administrative tribunals – Issue estoppel – Discretion of court Fuggle v. Airgas Canada Inc., [2002] B.C.J. No. 2800, British Columbia Supreme Court, December 11, 2002, Burnyeat J. Airgas Canada Inc. applied to the court pursuant to Rule 18A for an order ...
Administrative law – Police – Disciplinary proceedings – Stay of proceedings – Right to legal representation – Judicial review – Breach of procedural fairness Robertson v. Edmonton (City) Police Service, [2002] A.J. No. 1366, Alberta Court of Queen’s Bench, November 6, 2002, Clackson J. Fifteen citations were launched against Detective Robertson (the “Applicant”) by the Edmonton ...
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Standard of review – Reasonableness simpliciter – Schools – Parental rights Eggertson v. Alberta Teachers’ Assn., [2002] A.J. No. 1358, Alberta Court of Appeal, November 5, 2002, O’Leary, Costigan and Paperny JJ.A. The Appellant was a teacher with the Calgary ...
Administrative law – Nurses – Professional misconduct or conduct unbecoming – Investigative bodies – Fairness – Role of legal counsel – Judicial review – Breach of procedural fairness Fox v. Registered Nurses’ Assn. of Nova Scotia, [2002] N.S.J. No. 486, Nova Scotia Court of Appeal, November 13, 2002, Roscoe, Chipman and Bateman JJ.A. Mr. Fox was employed ...
Administrative law – Judicial review application – Breach of procedural fairness – Motor vehicles – Suspension of driver’s licence – Adjudication – Right to cross-examine arresting officer Cromie v. British Columbia (Superintendent of Motor Vehicles), [2002] B.C.J. No. 2552, British Columbia Supreme Court, October 4, 2002, Melnick J. On April 6, 2002, Ms. Cromie was pulled ...
Administrative law – Legislative assembly – Executive officers – Duty of fairness – Official appointments – Judicial review – Procedural requirements Roberts v. Northwest Territories (Commissioner), [2002] N.W.T.J. No. 81, Northwest Territories Supreme Court, October 23, 2002, Vertes J. The appointment of the Conflict Commissioner was for a four-year term. Fifteen months into her tenure, the Legislative ...
Administrative law – Permits and licences – Compliance with legislation – Judicial review – Compliance with legislation – Remedies – Injunctions British Columbia (Chicken Marketing Board) v. Reid, [2002] B.C.J. No. 2403, British Columbia Supreme Court, October 24, 2002, C.L. Smith J. The Petitioner Chicken Board is one of a number of marketing boards established for various ...
Administrative law – Human rights complaints – Discrimination – Gender – Judicial review – Standard of review – Correctness – Reasonableness simpliciter Mis v. Alberta (Human Rights and Citizenship Commission), [2002] A.J. No. 1320, Alberta Court of Queen’s Bench, October 29, 2002, Lee J. The applicant university professor sought to set aside a decision of the ...
Administrative law – Access to information – Production of records – Public body – Definition – Judicial review – Standard of review – Reasonableness simpliciter Macdonell v. Quebec (Commission d’accès à l’information), [2002] S.C.J. No. 71, Supreme Court of Canada, November 1, 2002, McLachlin C.J., L’Heureux-Dubé, Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour and LeBel JJ. A journalist ...