Administrative law – Dentists – Disciplinary proceedings – Governance – Judicial review – Self-governing professions Violette v. New Brunswick Dental Society, [2003] N.B.J. No. 129, New Brunswick Court of Queen’s Bench, March 26, 2003, Garnett J. Violette argued that the Board did not have legal training, and so he should not have to pursue his option ...
Administrative law – Mental health – Substitute decision maker – Consent to treatment – Consent and Capacity Board – Adult in need of protection Sousa v. Klukach, [2003] O.J. No. 779, Ontario Superior Court of Justice, February 27, 2003, Greer J. Sousa was an involuntary resident of the Clarke Site of the Centre for Addiction and ...
Administrative law – Chiropractors – Disciplinary proceedings – Billing matters – Pattern of practice – Professional misconduct or conduct unbecoming – Judicial review – Administrative decisions – Standard of review of appellate court Thompson v. Chiropractors’ Assn. of Saskatchewan, [2003] S.J. No. 186, Saskatchewan Court of Queen’s Bench, March 21, 2003, Rothery J. The complaints arose ...
Administrative law – Decisions of administrative tribunals – Securities Commission – Evidence – Jurisdiction British Columbia (Securities Commission) v. Gill, [2003] B.C.J. No. 587, British Columbia Court of Appeal, March 19, 2003, Rowles, Ryan and Thackray JJ.A. Gill argued that the Commission, in holding that the receipts, financial summaries and loan agreements were securities, had ...
Administrative law – Aboriginal issues – Legislation – Government’s duty to consult – Procedural requirements – Judicial review application – No reasonable cause of action Treaty Seven First Nations v. Canada (Attorney General), [2003] F.C.J. No. 464, Federal Court of Canada – Trial Division, March 20, 2003, Gibson J. The Attorney-General of Canada brought an application ...
Administrative law – Physicians and surgeons – Disciplinary proceedings – Inquiry committee decisions – Suspensions – Judicial review – Standard of review – Reasonableness simpliciter Dr. Q v. College of Physicians and Surgeons of British Columbia, [2003] S.C.J. No. 18, Supreme Court of Canada, April 3, 2003, McLachlin C.J. and Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour, ...
Administrative law – Barristers and solicitors – Disciplinary proceedings – Disbarment – Boards and tribunals – Judicial review – Standard of review – Reasonableness simpliciter Law Society of New Brunswick v. Ryan, [2003] S.C.J. No. 17, Supreme Court of Canada, April 3, 2003, McLachlin C.J. and Iacobucci, Major, Binnie, Arbour, LeBel and Deschamps JJ. The respondent, Mr. ...
Administrative law – Decisions of administrative tribunals – Agriculture Food and Rural Affairs Appeal Tribunal – Jurisdiction – Judicial review – Standard of review – Reasonableness Assn. of Ontario Chicken Processors v. Ontario (Agriculture, Food and Rural Affairs Appeal Tribunal), [2003] O.N. No. 330, Ontario Superior Court of Justice, January 31, 2003, Blair, Carnwath and J. ...
Administrative law – Human rights complaints – Discrimination – Age – Limitations – Judicial review application – Breach of procedural fairness – Natural justice – Standard of review – Patent unreasonableness – Failure to provide adequate reasons Gismondi v. Ontario (Human Rights Commission), [2003] O.J. No. 419, Ontario Superior Court of Justice, February 14, 2003, Blair, E.M. ...
Administrative law – Municipalities – Planning and zoning – Utility and Review Board – Jurisdiction Kings (County) v. Lutz, [2003] N.S.J. No. 56, Nova Scotia Court of Appeal, February 18, 2003, Glube C.J.N.S., Chipman and Saunders JJ.A. Robert Parker carried on an excavation business from his residence in Kings County. His father had carried on ...