The Court refused the applicant’s leave to appeal the Respondent Commission’s interlocutory ruling and the Commission was entitled to proceed against the Applicant, notwithstanding that the CDNX exchange had imposed penalties on him in respect of the same underlying conduct. The Applicant’s other grounds of appeal were deemed premature, as the Court lacked a factual basis for granting appeal.

Administrative law – Stock brokers – Disciplinary proceedings – Hearings – Stay of proceedings – Decisions of administrative tribunals – Securities Commission – Delay – Abuse of process – Judicial review – Appeals and leave to appeal – Jurisdiction Smolensky v. British Columbia (Securities Commission), [2006] B.C.J. No. 727, British Columbia Court of Appeal, March 24 2006, ...

A University of British Columbia (“UBC”) student who had been assigned a failing grade for his Bachelor of Education practicum course (“Mohl”) was partly successful in appealing from a decision in Chambers that his action against UBC was an abuse of process because it raised claims that had already been decided against Mohl in an earlier judicial review proceeding

28. March 2006 0
Administrative law – Universities – Students – Assessment of grades – Estoppel and res judicata – Decisions of administrative tribunals – Abuse of process – Judicial review – Appeals Mohl v. University of British Columbia, [2006] B.C.J. No 335, British Columbia Court of Appeal, February 17, 2006, Low, Smith and Thackray JJ.A. Mohl was assigned a failing ...

The Court dismissed the Plaintiff’s claim for damages against the Defendant British Columbia Securities Commission (the “Commission”), among others, on the basis that the action itself was an abuse of process. The Plaintiff had fully exhausted his right of review of the Commission’s 1995 and 2003 decisions determining that he had failed to comply with his obligations as and officer and director of a publicly traded company and restraining him from acting in such a capacity in British Columbia for 17 years. This present action for damages was a collateral attack on those decisions and, as such was an abuse of the Court’s process. Additionally, the Plaintiff’s pleading that the Commission committed the tort of abuse of public office failed to set out the essential elements of the tort and, in any event, was vexatious, and should be struck out.

28. February 2006 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Investigations – Director of corporation – Penalties – Judicial review – Abuse of public office – Procedural requirements and fairness – Disclosure – Relevance of information disclosed – No reasonable cause of action – Abuse of process Roeder v. Lang Michener Lawrence & Shaw, [2005] ...

A professional engineer (Visser) was successful in obtaining an Order prohibiting the Association of Professional Engineers and Geoscientists of British Columbia (the “Association”) from proceeding with a second inquiry in relation to a complaint made about Visser. The court held that permitting the Association to re-characterize the same conduct and then proceed with a second inquiry would represent an abuse of process.

27. December 2005 0
Administrative law – Engineers – Disciplinary proceedings – Professional misconduct – Decisions of administrative tribunals – Association of Professional Engineers – Estoppel and res judicata – Judicial review – Abuse of process Visser v. Association of Professional Engineers and Geoscientists of British Columbia, [2005] B.C.J. No. 2108, British Columbia Supreme Court, October 5, 2005, Baker J. On October ...

A Hearing Officer stayed a disciplinary hearing under the Ontario Police Services Act on the basis that the hearing would constitute an abuse of process after the accused police officer had been acquitted on criminal charges arising from the same conduct that triggered the hearing. This decision was quashed on judicial review as the court found that proceeding with the disciplinary hearing would not constitute an abuse of process.

22. November 2005 0
Administrative law – Police – Disciplinary proceedings – Criminal charges – Evidence – Hearings – Decisions of administrative tribunals – Police Commission – Abuse of process – Test – Judicial review – Stay of proceedings – Standard of review – Correctness Peel (Regional Municipality) Police Service v. Watson, [2005] O.J. No. 3525, Ontario Superior Court of Justice, August 18, ...