The Court of Appeal held that the College’s failure to provide sufficient notice to a registrant regarding a complaint against him did not constitute a breach of procedural fairness as the College’s duty is only invoked once an inquiry lawfully begins. Further, there were no exceptional circumstances which justified a judicial review while the registrant had an alternate, statutory remedy which he declined to exercise.

25. September 2012 0
Administrative law – Decisions of administrative tribunals – College of Massage Therapists – Massage Therapists – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Investigations – Judicial review – Availability – Jurisdiction – Compliance with legislation – Natural justice – Procedural requirements and fairness – Notice requirements – Appeals – Remedies – Alternative remedies ...

The Ontario Court of Appeal held that the Divisional Court erred in its decision ordering the appellant to hold a meeting to consider the respondent’s application as the respondent had not yet exhausted all adequate and available remedies

28. June 2011 0
Administrative law – Decisions of administrative tribunals – Assessment Review Board – Municipalities – Property assessment – Errors – Remedies – Alternative remedies – Mandamus – Judicial review – Compliance with legislation Toth Equity Ltd. v. Ottawa (City), [2011] O.J. No. 2128, 2011 ONCA 372, Ontario Court of Appeal, May 12, 2011, R.J. Sharpe, E.E. ...

An appeal by the Defendant St. Paul’s Hospital (the “Hospital”) from dismissal of a motion to strike out a Statement of Claim issued by a surgeon (“Munro”) as disclosing no cause of action was dismissed where the Court held that it was not plain and obvious that Munro’s claim in contract would fail and the Hospital did not establish that the Court should decline jurisdiction to hear the tort claims

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Statutory powers – Physicians and surgeons – Hospital privileges – Judicial review – Compliance with legislation – Evidence – Remedies – Alternative remedies Munro v. St. Paul’s Hospital, [2009] B.C.J. No. 1475, British Columbia Court of Appeal, July 24, 2009, I.T. Donald, P.D. Lowry ...

The Court held that the application of the Applicant actuary was premature. The Applicant was subject to disciplinary proceedings by the Respondent self-governing professional association and brought an application to stay the proceedings for inordinate delay. The Court held that the disciplinary process of the Respondent had to run its course before the Applicant could bring an application for judicial relief.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Canadian Institute of Actuaries – Actuaries – Disciplinary proceedings – Professional governance and discipline – Professional misconduct / conduct unbecoming – Judicial review application – Premature – Delay – Stay of proceedings – Jurisdiction of tribunal – Remedies – Alternative remedies A.D.M. v. Canadian Institute of Actuaries, ...

A physician (“Cimolai”) appealed from an Order dismissing his petition attempting to prohibit Children’s and Women’s Health Centre (“the Hospital”) from (1) proceeding under its human rights policy to investigate complaints against him made by another physician,(2) requiring the Hospital to reinstate him and (3) requiring them to pay him all of his lost benefits during the period of suspension in 2001

22. January 2008 0
Administrative law – Physicians and surgeons – Hospital privileges – Judicial review – Remedies – Alternative remedies – Human rights complaints – Harassment – Investigations – Procedural requirements and fairness – Report, adequacy of Cimolai v. Children’s and Women’s Health Centre of British Columbia, [2007] B.C.J. No. 2473, British Columbia Court of Appeal, November 22, ...

A lawyer (Merchant) successfully obtained an order quashing a decision of the Law Society of Alberta (“Law Society”) disbarring him, on the basis that there was a reasonable apprehension of bias due to an ex parte communication between the chair of the hearing committee and a witness

22. January 2008 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Penalties and suspensions – Judicial review – Procedural requirements and fairness – Bias – Reasonable apprehension of bias – test – Witnesses – Compliance with legislation – Remedies – Alternative remedies Merchant v. Law Society of Alberta, ...

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.

24. July 2007 0
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.

24. July 2007 0
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 Applicant Consumers’ and Seniors’ Associations challenged a rate increase granted by virtue of an interim ex parte order of the Respondent Public Utilities Board of Manitoba. The Applicants brought a motion for certiorari to quash the order on both procedural and substantive grounds. They were successful in the Court of Queen’s Bench. The Board appealed. The Manitoba Court of Appeal allowed the appeal, and held that the learned motions judge ought not to have granted the Applicants’ motion of certiorari when there was an adequate alternative remedy available, namely to participate in the General Rate Application process.

27. February 2007 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Hearings – Ex parte orders – Judicial review – Remedies – Alternative remedies Consumers’ Assn. of Canada (Manitoba) Inc. v. Manitoba (Public Utilities Board), [2006] M.J. No. 464, Manitoba Court of Appeal, December 18, 2006, Huband, Twaddle and Hamilton JJ.A. A rate increase granted ...

A successful appeal was brought by residents of an apartment building that was ordered demolished despite a Letter of Request filed by the Appellants requesting an adjournment because their legal counsel could not attend at the Council meeting where the determination was made

26. December 2006 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Landlord and tenant – Conduct of tenant – By-laws – Practice and procedure – Administrative tribunals – Adjournment – Failure to provide reasons – Appeals – Disclosure – Judicial review – Procedural requirements and fairness – Natural justice – Remedies – Alternative remedies Markwart v. Prince Albert (City), ...