A tribunal with a statutory right of appearance in a review of its own decision is limited in its participation to explaining the record before it and making representations relating to jurisdiction. “Jurisdiction” in this context does not include the transgression of the authority of a tribunal by its failure to adhere to the rules of natural justice.

25. February 2003 0
Administrative law – Boards and tribunals – Jurisdiction – Right to appear in a review of its own decision – Judicial review – Application for intervenor status – Bias Eckervogt v. British Columbia (Minister of Employment and Investment), [2002] B.C.J. No.2755, British Columbia Court of Appeal, December 10, 2002, Smith J.A. The Appellant applied for compensation ...

Idowu was successful in his application to set aside an arbitrator’s award on the basis of reasonable apprehension of bias where the court found that the law firm for the opposing party had proposed the arbitrator but had failed to notify Idowu that two of their lawyers were directors of the company which employed the arbitrator and that one of their partners had a financial interest in that company.

28. January 2003 0
Administrative law – Arbitration and award – Arbitrators – Judicial review – Bias Idowu v. York Condominium Corp. No. 128, [2002] O.J. No. 2102, Ontario Superior Court of Justice, May 21, 2002m Nordheimer J. Idowu owned three units in York Condominium. An issue arose as to whether Idowu was using these units as “rooming houses” contrary ...

On January 29, 2001, the Manitoba Pharmaceutical Association found the Applicant guilty of unskilled practice of pharmacy and professional misconduct. The Applicant sought an order quashing the decision of the Council, arguing that there was a reasonable apprehension of bias on the part of the Discipline Committee resulting from an inappropriate involvement of its Registrar. The court found a reasonable apprehension of bias and quashed the decision of the Council.

22. October 2002 0
Administrative law – Pharmacists – Disciplinary proceedings – Billing practices – Boards and tribunals – Bias Sawchuk v. Manitoba Pharmaceutical Assn., [2002] M.J. No. 384, Manitoba Court of Queen’s Bench, September 25, 2002, Darichuk J. In the summer of 1998, a series of articles was published in a newspaper alleging fraudulent billing practices on the part ...

The appellant had sought an expansion of its liquor licence. The Liquor Licencing Board dismissed this request and an appeal was brought pursuant to section 23 of the Liquor Act, R.S.N.W.T. 1988, c. L-9. The appeal was dismissed. When deciding whether to issue a licence, it is not improper for the Board to consider social problems.

24. September 2002 0
Administrative law – Boards and tribunals – Jurisdiction – Bias – Liquor licencing boards – Social issues 994401 NWT Ltd. (c.o.b. Ravens Pub) v. Northwest Territories (Liquor Licensing Board), [2002] N.W.T.J. No. 66, Northwest Territories Supreme Court, August 8, 2002, Richard J. The Appellant was the licensee of a cocktail lounge, licensed to have 170 patrons ...

An employer’s application for stay of proceedings of a human rights complaint was dismissed. Delay of 83 months since the first allegation and 56 months since the complaint was made was not sufficiently egregious to meet the high threshold necessary to support a remedy of a stay of proceedings

26. March 2002 0
Administrative law – Human rights complaints – Judicial review – Boards and tribunals – Bias – Breach of procedural fairness – Delay Crown Packaging Ltd. v. Ghinis, [2002] B.C.J. No. 489, British Columbia Court of Appeal, March 7, 2002, Prowse, Hall and Mackenzie JJ.A. The events alleged as the grounds of the complaint arose in November ...