A teacher appealed the College’s decision finding him guilty of conduct unbecoming a member of the profession, for off-duty conduct in which the teacher fired a shot over the heads of his sons during a domestic dispute. The Court allowed the appeal, finding that the panel had failed to address how the impugned conduct had any effect on the school system or on the teacher’s ability to carry out his professional obligations, and that the College’s reasons did not address his conduct that led to the conclusion that discipline was warranted.

28. August 2007 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Criminal charges – Decisions of administrative tribunals – College of Teachers – Appeals – Judicial review – Standard of review – Reasonableness simpliciter – Correctness – Evidence – Off-duty conduct Fountain v. British Columbia College of Teachers, [2007] B.C.J. No. 1260, British Columbia Supreme ...

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 from the decision of the Alberta Securities Commission (“ASC”) which allowed the Investment Dealers Association (“IDA”) to appeal the dismissal of charges against Bahcheli was allowed. The Court held that absent express statutory provision, a decision maker cannot appeal its own decision and that the IDA was not a person or company ‘directly affected’, such that it may appeal its own decision.

24. July 2007 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Jurisdiction – Judicial review – Appeals – Parties – Procedural requirements and fairness – Standard of review – Correctness Bahcheli v. Alberta Securities Commission, [2007] A.J. No. 520, Alberta Court of Appeal, May 18, 2007, C. Conrad, R. Berger, and C. O’Brien, JJ.A. The Appellant, ...

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, ...

Without a statutory right of appeal, the Chief of Police is precluded from seeking judicial review of a decision made by one of his delegates under the Police Services Act

27. March 2007 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Disciplinary proceedings – Hearings – Judicial review – Appeals – Stay of proceedings – Procedural requirements and fairness – Compliance with legislation Watson v. Catney, [2007] O.J. No. 231, Ontario Court of Appeal, January 26, 2007, J.I. Laskin, J.C. MacPherson and S.E. Lang JJ.A. ...

The Court dismissed the appeal by the Director of Ontario Disability Support Program from a decision by the Divisional Court allowing Crane’s appeal from the denial of her claim for disability benefits and ordering a new hearing.

23. January 2007 0
Administrative law – Decisions of administrative tribunals – Disability Support Program – Hearings – Appeals – Judicial review – Evidence – Natural justice Crane v. Ontario (Director, Disability Support Program), [2006] O.J. No. 4546, Ontario Court of Appeal, November 15, 2006, K.N. Feldman, J.C. MacPherson and R.J. Sharpe, JJ.A. Crane applied for disability benefits on May 28, ...

An application for judicial review of a decision by the Human Rights Commission declining to grant summary dismissal of a complaint regarding publications about a First Nations home for adolescent males alleged to be discriminatory on the basis of race and other factors was dismissed

23. January 2007 0
Administrative law – Human rights complaints – Discrimination – Race – Decisions of administrative tribunals – Human Rights Commission – Aboriginal issues – Jurisdiction – Parties – Standing – Judicial review – Appeals – Standard of review – Patent unreasonableness Carson v. Knucwentwecw Society, [2006] B.C.J. No 3102, British Columbia Supreme Court, December 1, 2006, Ehrcke J. A ...

An employer (“Nabors”) was unsuccessful in appealing a Queen’s Bench decision dismissing an appeal from a decision of the Workers’ Compensation Board (“WCB”) Appeals Commission enabling a worker’s spouse to receive survivor benefits under the Workers’ Compensation Act (the “Act”)

23. January 2007 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – In and out of the course of employment – Judicial review – Appeals – Parties – Standing – Standard of review – Reasonableness simpliciter – Patent unreasonableness Nabors Canada LP v. Alberta (Workers’ Compensation Appeals Commission), [2006] A.J. No. 1507, ...

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), ...

The province unsuccessfully appealed from a decision of the Nova Scotia Utility and Review Board (the “Board”) that a man whose land had been expropriated (“Bishop”) was entitled to an Order directing a Discovery of the province’s expert appraiser

26. December 2006 0
Administrative law – Expropriation – Decisions of administrative tribunals – Utility and Review Board – Practice and procedure – Administrative tribunals – Examination for discovery – Hearings – Appeals – Disclosure – Judicial review – Procedural requirements and fairness – Standard of review – Correctness Nova Scotia (Attorney General) v. Bishop, [2006] N.S.J. NO. 411, Nova Scotia ...