A Committee’s decision finding a psychologist/registrant guilty of professional misconduct for failing to use the term “non practicing” in his advertising was upheld by the Saskatchewan Court of Appeal

22. December 2015 0
Administrative law – Decisions of administrative tribunals – College of Psychologists – Psychologists – Governance – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Licence to practice – Unauthorized practice – Advertising – Judicial review – Compliance with legislation – Rules and by-laws – Standard of review – Reasonableness simpliciter – Correctness Sydiaha v. ...

A driver (“Wilson”) was unsuccessful on his appeal from a finding of the British Columbia Court of Appeal reinstating a notice of driving prohibition on the basis of his roadside breath sample and a peace officer’s determination that he had reasonable grounds to believe that Wilson’s ability to drive was affected by alcohol

22. December 2015 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Breathalyser test – Suspension of driver’s licence – Judicial review – Compliance with legislation – Statutory interpretation – Evidence – Standard of review – Reasonableness simpliciter – Legislation – Federal vs. provincial legislation Wilson v. British Columbia (Superintendent of ...

Appeal to the Newfoundland and Labrador Supreme Court from a decision of the Eastern Newfoundland Regional Appeal Board upholding the grant of a conditional development permit by the City of Mount Pearl

19. November 2015 0
Administrative law – Decisions of administrative tribunals – Municipal boards – Municipalities – Planning and zoning – Building permits – Judicial review – Jurisdiction – Conflict of interest – Bias – Failure to provide reasons Faulkner v. Newfoundland and Labrador (Eastern Newfoundland Regional Appeal Board), [2015] N.J. No. 301, 2015 NLTD(G) 118, Newfoundland and Labrador ...

Application to the Ontario Superior Court of Justice by the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario for a permanent injunction prohibiting the respondent from practicing traditional Chinese medicine, or holding herself out as doing so

19. November 2015 0
Administrative law – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Professional governance and discipline – Self-governing professions – Licence to practice – Registration – Public interest – Judicial review – Investigations – Compliance with legislation – Remedies – Injunctions College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario v. ...

A doctoral student (“Tapics”) had enrolled in Dalhousie’s University department of oceanography to complete a PhD thesis involving sea turtles. However, a year and a half later, her field supervisor left the University and took data essential to her sea turtle research. Tapics changed her topic to right whales, but her faculty supervisor subsequently withdrew and no replacement supervisor was found by the faculty of graduate studies. Tapics sued Dalhousie and, on appeal, succeeded in establishing that her claim regarding the sea turtle “debacle” was not barred as an abuse of process.

22. September 2015 0
Administrative law – Decisions of administrative tribunals – University Committees – Universities – Fairness – Students – Judicial review – Abuse of process – Jurisdiction of court Tapics v. Dalhousie University, [2015] N.S.J. No. 30, 2015 NSCA 72, Nova Scotia Court of Appeal, July 22, 2015, J.E. Fichaud, P. Bryson and J.E. Scanlan JJ.A. In ...

The Cape Breton University Student’s Union (“CBUSU”) attempted to defederate from the Canadian Federation of Students (“CFS”) through a March 2008 referendum without complying with CFS Bylaws; the referendum was held to be invalid and CBUSU was ordered to pay outstanding fees from the date of the referendum

22. September 2015 0
Administrative law – Associations and clubs – Governance – Elections – By-laws – Judicial review – Compliance with legislation – Procedural requirements and fairness Canadian Federation of Students v. Cape Breton University Students’ Union, [2015] O.J. No. 3633, 2015 ONSC 4093, Ontario Superior Court of Justice, July 10, 2015, R. Beaudoin J. The CFS claimed ...

On judicial review, the Applicant argued that procedural fairness was not followed by the Nova Scotia Human Rights Commission. The Court found that the Applicant failed to establish any violation of procedural fairness and therefore dismissed the judicial review application.

22. September 2015 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Sexual orientation – Investigations – Judicial review – Evidence – Fresh evidence – admissibility J.D. v. Nova Scotia (Human Rights Commission), [2015] N.S.J. No. 323, 2015 NSSC 225, Nova Scotia Supreme Court, July 29, 2015, J.L. Chipman ...

The BC Court of Appeal held that the Vancouver Police Board (“VPB”) is a separate body from the Board of Police Commissioners (“Board”). As such, the VPB was not found liable for any tort liability of the Board in respect of alleged sexual assaults committed by a former police constable.

22. September 2015 0
Administrative law – Decisions of administrative tribunals – Police Review Board – Police – Professional governance and discipline – Professional misconduct or conduct unbecoming – Practice and procedure – Summary proceedings – Judicial review – Compliance with legislation – Statutory interpretation – Legislation – Retrospective and retroactive operation Gulkison v. Vancouver Police Board, [2015] B.C.J. ...

Appeal from Ontario Securities Commission decision upholding finding of conduct unbecoming a registrant by the Investment Industry Regulatory Organization of Canada

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Investment Regulatory Organization of Canada – Securities Commission – Stock brokers – Professional governance and discipline – Professional misconduct / conduct unbecoming – Hearings – Conduct of hearings – Judicial review – Standard of review – Reasonableness simpliciter – Procedural requirements and fairness – Evidence – admissibility Northern ...

The applicant constable contested the standard of proof under the Police Services Act, arguing the applicable standard of proof was “clear and convincing evidence,” rather than balance of probabilities

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Judicial review – Compliance with legislation – Evidence – Standard of proof Jacobs v. Ottawa (City) Police Service, [2015] O.J. No. 2689, 2015 ONSC 2240, Ontario Superior Court of Justice, May 27, 2015, P.T. Matlow, T.R. ...