A decision to dismiss Requests for Hearing that had been outstanding for 15 years before the Health Services Appeal and Review Board (the “Board”) to determine whether the licence for an independent health facility ought to be amended to add back the ability to perform vascular ultrasounds, was upheld on a statutory appeal

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Health Professions Appeal and Review Board – Administrative courts – Statutory powers – Permits and licences – Judicial review – Abuse of process – Mootness – Delay – Standard of review – Reasonableness simpliciter B.S.A. Diagnostics Ltd. v. Ontario (Attorney General), [2014] O.J. No. 5035, 2014 ONSC ...

The Ontario Superior Court of Justice struck out the plaintiff’s Statement of Claim against the defendant College of Physicians and Surgeons of Ontario on the grounds that it was plain and obvious that the Statement of Claim disclosed no reasonable cause of action against the defendant. The plaintiff had claimed damages against the College for damages caused by the alleged malpractice of a physician who was a member of the College. The plaintiff’s Statement of Claim alleged that the College did not properly investigate the plaintiff’s complaint regarding the physician and that its investigation process was not transparent.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Privilege and immunity – Physicians and surgeons – Governance – Investigations – Judicial review – Disclosure – Evidence – No reasonable cause of action – Abuse of process Kwabanza v. College of Physicians and Surgeons of Ontario, [2012] O.J. No. 4966, ...

The Court of Appeal dismissed the Institute of Chartered Accountants appeal from an Appeal Tribunal’s decision ordering a stay of proceedings based on an abuse of process. The Appellant’s investigator had received information relevant to the complaint against the respondent from various sources, which was sent to an email address which the investigator’s wife had access to. On that basis the Appeal Tribunal concluded that the investigator had disclosed confidential information without the respondent’s consent contrary to the Regulated Accounting Profession Act.

Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Judicial review – Stay of proceedings – Abuse of process – Investigations – Disclosure of third party records – Jurisdiction Clark v. Alberta (Institute of Chartered Accountants, Complaints Inquiry Committee), [2012] A.J. No. 505, 2012 ABCA 152, ...

A complainant’s application to the Law Society of Alberta to disclose its investigative report was dismissed. On judicial review, the Court agreed stating that a self-regulating profession has a duty to the public to respond to complaints properly, and disclosure of its records might hamper its ability to investigate complaints.

28. February 2012 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct – Investigations – Abuse of process – Disclosure of record – Judicial review – Procedural requirements and fairness Davidoff v. Law Society of Alberta, [2011] A.J. No. 1442, 2011 ABQB 668, Alberta Court of Queen’s Bench, November 1, ...

An appeal by the B.C. Veterinary Medical Association (the “Association”), from an order quashing the decision of the Association’s disciplinary committee and council, was allowed. The B.C. Court of Appeal held that although tribunals normally have the capacity to adjudicate on issues of bias, if the issue is being heard before a different body then this amounts to an abuse of process and is a waste of resources.

Administrative law – Decisions of administrative tribunals – Veterinary Associations – Human rights – Discrimination – Veterinarians – Disciplinary proceedings – Judicial review – Abuse of process – test – Jurisdiction – Institutional bias Bajwa v. British Columbia Veterinary Medical Association, [2011] B.C.J. 1065, 2011 BCCA 265, British Columbia Court of Appeal, June 13, 2011, ...

The Court allowed an application by the Province for judicial review of a decision of the Human Rights Commission, which had found that there was a prima facie case of discrimination in a matter concerning an autistic adult and the treatment and care provided to him. The Court found that there were numerous violations of procedural fairness, including the Commission’s failure to review evidence when it concluded that the adult was not adequately accommodated by the services he received, failing to address the appropriate question and not performing a comparative analysis, broadening the complaint without advising the applicant, and allowing a delay of 68 months which was excessive and amounted to an abuse of process.

Administrative law – Decisions of administrative tribunals – Human Rights Commission – Discrimination – Disability – Duty to accommodate – Judicial review – Delay – Procedural requirements and fairness – Abuse of process – Standard of review – Correctness New Brunswick (Department of Social Development) v. New Brunswick Human Rights Commission, [2009] N.B.J. No. 45, ...

The University of Manitoba (the “University”) unsuccessfully brought a motion seeking summary dismissal of an action commenced by a former dentistry student (“Hozaima”) on the basis that the Court lacked jurisdiction or that the claim represented an abuse of process. The motion was dismissed.

23. September 2008 0
Administrative law – Universities – Students – Assessment of grades – Evaluation – Educational malpractice – Abuse of process – test – Jurisdiction Hozaima v. Perry, [2008] M.J. No. 268, Manitoba Court of Queen’s Bench, July 10, 2008, M.M. Monnin C.J.Q.B. Hozaima was a dentistry student at the University and was forced to resign from ...

An appeal by Roeder from the dismissal of his action as an abuse of process was dismissed. There is no cause of action for breach of the rules of procedural fairness. The proper remedy for “process allegations” is judicial review.

Administrative law – Decisions of administrative tribunals – Securities Commission – Conflict of interest – Hearings – Disclosure – Delay – Procedural requirements and fairness – Judicial review – Abuse of process – Appeals – Remedies – Alternative remedies Roeder v. Lang Michener Lawrence & Shaw, [2007] B.C.J. No. 501, British Columbia Court of Appeal, March 14, ...

An appeal by Roeder from the dismissal of his action as an abuse of process was dismissed. There is no cause of action for breach of the rules of procedural fairness. The proper remedy for “process allegations” is judicial review.

Administrative law – Decisions of administrative tribunals – Securities Commission – Conflict of interest – Hearings – Disclosure – Delay – Procedural requirements and fairness – Judicial review – Abuse of process – Appeals – Remedies – Alternative remedies Roeder v. Lang Michener Lawrence & Shaw, [2007] B.C.J. No. 501, British Columbia Court of Appeal, March 14, ...

The Nova Scotia Construction Safety Association (the “Association”) appealed from the decision of the Human Rights Commission awarding damages to an employee, Karen Davison (“Davison”), who successfully obtained an award for damages for incidents of sexual harassment during the course of her employment. The appeal was dismissed except that the Order of the Human Rights Board of Inquiry that exemplary damages should be awarded against the Association was overturned.

25. July 2006 0
Administrative law – Human rights complaints – Sexual harassment – Gender – Decisions of administrative tribunals – Human Rights Commission – Damages – Judicial review – Delay – Evidence – Procedural requirements and fairness – Abuse of process – test – Standard of review – Reasonableness simpliciter Nova Scotia Construction Safety Assn. v. Nova Scotia (Human Rights ...