The Yukon Medical Council (the “Council”) was successful in its appeal from a decision holding it to be “an agent of the government of the Yukon” and, therefore, subject to the jurisdiction of the Privacy Commissioner. The Court of Appeal held that the Council was free from interference or control by the Yukon government in the exercise of its powers and, therefore, could not be said to be a “public body” within the meaning of the Access to Information and Protection of Privacy Act, S.Y. 1995, c. 1.

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Administrative law – Freedom of information and protection of privacy – Privacy Commissioner – Jurisdiction – Public body – Definition – Physicians and surgeons – Governance Yukon Medical Council v. Yukon (Information and Privacy Commission), [2002] Y.J. No. 82, Yukon Territory Court of Appeal, August 20, 2002, Finch C.J.Y.T., Donald and Low JJ.A. The Council appealed the ...

A Referee (“Sargeant”) hearing a claim under the Employment Standards Act decided that he was not entitled to consider a limitation period issue in a claim by an employee (“Halloran”) against his former employer with respect to a compensation package offered upon Halloran’s termination. The Referee’s decision was overturned by the Divisional Court. On appeal, the Court of Appeal held that it was unconscionable for the company to invoke a limitation period to deny Halloran’s claim as there had been a fraudulent concealment of the existence of a cause of action against the company.

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Administrative law – Employment standards – Employer’s representations – Termination package – Fraudulent concealment – Judicial review – Standard of review – Patently unreasonable decision – Limitations Halloran v. Sargeant, [2002] O.J. No. 3248, Ontario Court of Appeal, August 27, 2002, McMurtry C.J.O., Weiler and Armstrong JJ.A. Halloran was employed by Crown Cork & Seal for 31 ...

A lawyer (“Pierce”) sought a stay of the penalty arising out of a disciplinary action pending his appeal to the Supreme Court of Canada. The penalty included a suspension, an order to pay costs, and publication of the penalty. The Court of Appeal granted the stay but only with respect to the suspension as it found that Pierce would suffer irreparable harm if the suspension were instituted and Pierce ultimately succeeded in his appeal to the Supreme Court of Canada.

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Administrative law – Barristers and solicitors – Disciplinary proceedings – Penalties – Suspension – Stay of suspension Pierce v. Law Society of British Columbia, [2002] B.C.J. No. 2008, British Columbia Court of Appeal, September 5, 2002, Donald J.A. On September 16, 2002, the Law Society issued a citation alleging professional misconduct and conduct unbecoming a ...

Parents of children attending a French Immersion school failed in their application seeking to overturn a decision to close the school, as the court found that the school board did not breach its duty of procedural fairness in deciding to close the school

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Administrative law – Schools – Closures – School boards – Jurisdiction – Boards and tribunals – Procedural fairness MacGregor v. Halifax Regional School Board, [2002] N.S.J. No. 334, Nova Scotia Supreme Court, July 17, 2002, Coughlan J. The school board voted to close École Beaufort, a school providing French immersion education. The Applicants, parents of children attending ...

An accountant {“Walman”) was the subject of disciplinary proceedings by his professional association. Findings of misconduct by the Association were appealed by Walman and eventually overturned. Walman brought an action for abuse of public office against the Association and certain employees which was dismissed as the court found that the evidence did not support an inference that the Association’s auditors recklessly exceeded their powers in the disciplinary hearings.

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Administrative law – Accountants – Disciplinary proceedings – Investigative bodies – Jurisdiction – Powers – Abuse of public office Walman v. Certified General Accountants Assn. of British Columbia, [2002] B.C.J. No. 1560, British Columbia Supreme Court, July 8, 2002, Curtis J. Walman was an accountant who became the subject of disciplinary proceedings brought by the Certified General ...

The Lax Kw’alaams Indian Band (the “Band”) brought an application seeking to set aside a permit issued by the Minister of Sustainable Resource Management and a declaration that the Minister owed a duty to the Band to consult with them prior to granting such a permit. The court found that the Minister had an obligation to consult and accommodate the Band with respect to the permit but dismissed the Petition on the basis that there was no evidence that such consultation and accommodation had not occurred in this instance.

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Administrative law – Logging permits – Aboriginal issues – Government’s duty to consult – Procedural requirements – Natural justice Lax Kw’alaams Indian Band v. British Columbia (Minister of Sustainable Resource Management), [2002] B.C.J. No. 1699, British Columbia Supreme Court, July 19, 2002, Maczko J. On April 30, 2002, the Minister of Sustainable Resource Management (the ...

The Petitioner sought leave under section 31 of the Commercial Arbitration Act, R.S.B.C. 1996, c.55 to appeal the decision of an Arbitrator in a motor vehicle case who awarded court order interest to the Respondent motorist (“Lopatka”) after the initial award for damages had been made. The court refused to grant leave, holding that the merits of the appeal did not have sufficient substance to warrant leave and it was important that the principle of finality in arbitrations be maintained.

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Administrative law – Motor vehicle accidents – Arbitration and award – Arbitrators – Jurisdiction – Appeals – Leave to appeal – Test Maruna v. Lopatka, [2002] B.C.J. No. 1706, British Columbia Supreme Court, July 19, 2002, Brooke J. Lopatka was involved in four motor vehicle accidents. Pursuant to section 148 of the Regulations to the Insurance ...

Intent is not a necessary precondition to a finding that an act is discriminatory. In the evaluation of a human rights complaint, the Commission must take into account the reality that overt discrimination is rare today and is generally subtle in nature. The appropriate standard of review of the Commission’s decision of whether or not to dismiss a complaint is reasonableness simpliciter. On the facts, the court held that the Commission’s decision was unreasonable and directed an investigation by a new investigator.

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Administrative law – Human rights complaints – Boards and tribunals – Judicial review application – Standard of review – Reasonableness Simpliciter – Investigative bodies – Fairness Chopra v. Canada (Attorney General), [2002] F.C.J. No. 1082, Federal Court of Canada – Trial Division, July 12, 2002, Beaudry J. A scientist employed by Health Canada sought judicial review of the ...

The court does not have the jurisdiction to hear a professor’s claims against the University based on the torts of non-sexual common law harassment, intimidation, and unlawful interference with economic interests. In the result, the action was dismissed. The essential nature of the dispute related to the working conditions of employees and the failure of the University to take adequate measures to ensure a safe and harassment free working environment. The appropriate forum for the resolution of the dispute was the grievance and arbitration procedure set out in the collective bargaining agreement.

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Administrative law – Labour law – Arbitration – Collective agreements – Working conditions – Jurisdiction of court – Universities – Jurisdiction Hemmings v. University of Saskatchewan, [2002] S.J. No. 457, Saskatchewan Court of Appeal, July 30, 2002, Vancise, Sherstobitoff and Jackson JJ.A. A tenured professor commenced an action against the University for intimidation, intentional infliction of harm, ...

Workers Compensation Act, R.S.B.C. 1996, c. 492 provisions granting spousal benefits for life to widowed parents 40 years of age or older when their children cease dependency but denying pension benefits to widowed parents under 40 years of age when their children cease dependency are discriminatory on the basis of age and therefore contrary to section 15 of the Canadian Charter of Rights and Freedoms

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Administrative law – Workers compensation – Benefits – Charter of Rights – Discrimination – Equality rights Burnett v. British Columbia (Worker’s Compensation Board), [2002] B.C.J. No. 1738, British Columbia Supreme Court, July 25, 2002, Holmes J. The Petitioner’s spouse was killed in a work-related accident when she was 32 years old with one dependent child aged ...