The BC Court of Appeal affirmed that an appellate tribunal can, where appropriate, cure breaches of natural justice or procedural fairness committed by an underlying tribunal

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Employment Standards Tribunal – Judicial review – Disclosure – Relevance of information disclosed – Appeals – Jurisdiction Taiga Works Wilderness Equipment Ltd. v. British Columbia (Director of Employment Standards), [2010] B.C.J. No. 316, 2010 BCCA 97, British Columbia Court of Appeal, February 25, 2010, R.T.A. Low, D.F. ...

The Association’s appeal was partially successful regarding the B.C. Supreme Court decision to set aside its decision denying Dr. Joshi’s application for admission. Dr. Joshi’s cross-appeal was dismissed.

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Professional governance and discipline – Licence to practice – Character evidence – Hearings – Appeals – Judicial review – Jurisdiction – Evidence – Delay – Procedural requirements and fairness – Natural justice Joshi v. British Columbia Veterinary Medical Association, [2010] B.C.J. No. ...

The Appellant, Milner Power Inc., successfully sought leave to appeal a decision made by the Alberta Energy and Utilities Board with regards to its decision to decline to hold a hearing into the Appellant’s complaint

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Natural resources – Judicial review – Compliance with legislation – Appeals – Leave to appeal – Test Milner Power Inc. v. Alberta (Energy and Utilities Board), [2009] A.J. No. 989, 2009 ABCA 305, Alberta Court of Appeal, September 21, 2009, E.A. McFadyen ...

The Court of Appeal denied Kalo’s application for an order that the Respondent Law Society immediately accept him, on a without prejudice basis, into its admissions program pending the outcome of his avenues of appeal wherein he was disputing the Law Society’s decision to reject him for admission

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Admission to profession – Training requirements – Competence – Judicial review – Appeals – Jurisdiction of court – Remedies – Injunctions – Availability Kalo v. Law Society of Manitoba, [2009] M.J. No. 342, Manitoba Court of Appeal, September 29, 2009, ...

The Petitioner Her Majesty the Queen in Right of the Province of B.C. (the “Province”) applied for leave to appeal the decision of an Arbitrator acting under the Commercial Arbitration Act, R.S.B.C. 1996, c. 55 (the “Act”) in respect of a dispute the Province had with the Respondent resort company (the “Respondent”). The Court denied the Province’s application for leave to appeal.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Government – Contract to provide park services – Terms of agreement – Judicial review – Compliance with legislation – Appeals – Leave to appeal – Discretion of court – Powers under legislation British Columbia v. Gibson Pass Resort Inc., [2009] B.C.J. No. 162, British ...

The Appellant hospital appealed from a decision concluding that the Hospital Privileges Appeal Board had jurisdiction to hear the Respondent doctor’s appeal from a refusal by the hospital’s Operating Room Committee to increase his operating room time. The Court allowed the appeal, finding that the reviewing judge had failed to consider the preliminary question of whether the doctor had, as required, raised an issue of law in order to appeal from the Board’s decision, and also in applying the correctness standard to the Board’s decision. The appropriate standard of review is reasonableness, and the failure of the majority to provide reasons meant it was impossible to determine if the decision was reasonable.

23. September 2008 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Jurisdiction of tribunal – Physicians and surgeons – Hospital privileges – Appeals – Compliance with legislation – Judicial review – Standard of review – Reasonableness simpliciter – Correctness – Failure to provide reasons Macdonald v. Mineral Springs Hospital, [2008] A.J. No., 891, Alberta ...

The Appeal by Team Transport from the dismissal of its application for judicial review of the decision of two joint arbitrators was dismissed where the Court found that there was no reasonable apprehension of bias and Team Transport’s motive appeared to be a collateral attack on the legal validity of an Agreement which had been incorporated into an Order in Council, the constitutionality of which had been upheld

22. July 2008 0
Administrative law – Labour law – Arbitration – Arbitration agreements – Terms of agreement – Arbitrators – Powers – Judicial review – Appeals – Bias – Legislation – Orders-in-council – Validity – Jurisdiction Team Transport Services Ltd. v. Klair, [2008] B.C.J. No. 953, British Columbia Court of Appeal, May 28, 2008, M.A. Rowles, N.V. Newbury ...

The Court dismissed an application for judicial review of a decision of the Ontario Environmental Review Tribunal, which had granted leave to appeal the decisions of two Directors of the Ministry of the Environment granting Certificates of Approval under the Environmental Protection Act. The Tribunal’s decision was reasonable in that there was a proper basis for the Tribunal’s finding that the standard of proof for leave to appeal the Directors’ decision was less than a balance of probabilities. In addition, the Tribunal’s decision was reasonable in that there was a proper basis for the Tribunal to grant leave to appeal.

22. July 2008 0
Administrative law – Decisions of administrative tribunals – Environmental Review Board – Ministerial decisions – Environmental issues – Judicial review – Appeals – Leave to appeal – Evidence – Standard of proof – Compliance with legislation – Standard of review – Reasonableness simpliciter Lafarge Canada Inc. v. Ontario (Environmental Review Tribunal), [2008] O.J. No., 2460, ...

The appeal by a licensed practical nurse (“Coffey”) from a decision of a panel of the discipline committee of the College of Licensed Practical Nurses of Manitoba (the “College”) finding him guilty of professional misconduct and conduct unbecoming a licensed practical nurse was dismissed where the court found that the conduct in question involved solicitation that contained false, inaccurate and misleading information which was circulated outside of the membership

27. May 2008 0
Administrative law – Decisions of administrative tribunals – College of Licensed Practical Nurses – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Appeals – Judicial review – Standard of review – Reasonableness simpliciter – Evidence Coffey v. College of Licensed Practical Nurses of Manitoba, [2008] M.J. No. 116, ...

The City of Calgary’s application for leave to appeal three decisions of the Alberta Energy and Utilities Board was allowed where the Court found that special circumstances existed that justified extending the time for filing the appeals and it was arguable that the Board did not take certain evidence into account

25. September 2007 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Appeals – Leave to appeal – Fee increases – Jurisdiction – Judicial review – Evidence – Limitations Calgary (City) v. Alberta (Energy and Utilities Board), [2007] A.J. No. 880, Alberta Court of Appeal, August 3, 2007, C. Conrad J.A. The City of Calgary ...