An owner of property (“Gowman”) that was located within the Agricultural Land Reserve (the “ALR”) was successful in having a resolution of the Provincial Agricultural Land Commission (the “Commission”) removing 15 hectares of a neighbouring property owned by H.F. Nodes Construction Ltd. from the ALR declared a nullity on the basis that one of the commissioners involved in the decision was biased

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Agricultural Land Commission – Municipalities – Planning and zoning – Agricultural Land Reserve – Removal process – Notice requirements – Compliance with legislation – Judicial review – Bias Gowman v. British Columbia (Provincial Agricultural Land Commission), [2009] B.C.J. No. 364, British Columbia Supreme Court, February 27, 2009, ...

The Appeal by an employer (“Fundy Linen”) from the decision of the Appeals Tribunal allowing an injured employee’s claim to obtain barrier-free housing was allowed due to bias and the matter was remitted to the Workplace Health, Safety and Compensation Commission (the “Commission”)

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Discretion of court – Workers compensation – Benefits – Housing – Interpretation of legislation – Judicial review – Witnesses – Member of Legislative Assembly – Bias – Waiver of claim for bias Fundy Linen Service Inc. v. New Brunswick (Workplace Health, Safety and ...

The Appellant family physician appealed the Respondent College’s disciplinary decision. The College’s decision was upheld except with respect to the penalty imposed against him.

28. April 2009 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Competence – Penalties and suspensions – Judicial review – Investigations – Delay – Bias – Procedural requirements and fairness – Evidence – Standard of proof Wachtler v. College of Physicians and Surgeons of Alberta, ...

A taxi operator appealed the decision of the Saskatchewan Human Rights Tribunal which had found that he had discriminated against a disabled man by refusing to provide taxi service to him. The court dismissed the appeal, finding that the Tribunal had jurisdiction to hear and determine the complaint, and award costs against the Appellant. The court also rejected the Appellant’s allegation of bias on the part of the Tribunal member.

24. February 2009 0
Administrative law – Human rights complaints – Discrimination – Disability – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction – Right to award costs – Judicial review – Bias – Test – Compliance with legislation – Standard of review – Correctness Sahota v. Scott, [2008] S.J. No. 836, Saskatchewan Court of Queen’s Bench, ...

A lawyer (“Sternberg”) was successful in his application for judicial review of a decision of the Ontario Racing Commission (the “Commission”) in which it ordered that Sternberg be prohibited from appearing as counsel before the Commission where the Court held that the hearing before the Commission was conducted in such a way as to raise a reasonable apprehension of bias towards Sternberg

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Racing Commission – Barristers and solicitors – Professional misconduct – Judicial review – Hearings – Conduct of hearings – Contempt – Procedural requirements and fairness – Bias – Reasonable apprehension of bias – test – Compliance with legislation – Jurisdiction of tribunal Sternberg v. Ontario (Racing Commission), ...

The Court allowed a preliminary application for consideration of a procedural matter regarding a decision of the Chair of the Discipline Committee of the Respondent Chiropractor Board. The application alleged reasonable apprehension of bias in the proceedings of the Discipline Committee. The application was allowed because the Chair had knowledge of credibility issues outside the context of the complaint that the Committee was adjudicating. A high standard of procedural fairness applied and there was a reasonable apprehension of bias in these circumstances.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Chiropractors – Professional governance and discipline – Professional misconduct / conduct unbecoming – Judicial review – Natural justice – Bias – Procedural requirements and fairness – Standard of review – Correctness Joyce v. Newfoundland and Labrador Chiropractic Board, [2008] N.J. No. 241, Newfoundland and Labrador Supreme Court ...

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 ...

Duty of fairness in investigative stage is only limited, and investigating members authorized by the professional conduct committee of the Institute of Chartered Accountants to investigate the complaint met their duty by advising the applicant accountant of the generalities of what was being investigated. There was no obligation to provide full particulars. However, the professional conduct committee’s recommendation to hold a hearing was subject to judicial review, prior to the hearing being held. The decision had a significant adverse effect on the applicant and, as the professional conduct committee owed a duty of fairness to the applicant accountant, that duty of fairness may be defeated if judicial review was unavailable. Finally, the professional conduct committee had jurisdiction to investigate matters not specified in the complaint because these matters were sufficiently closely related to the complaint, it was in the context of public interest, there was lack of precise technical knowledge on the part of the public, and the legislative powers to investigate a complaint given to the committee were broad.

22. April 2008 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Investigations – Procedural fairness – Bias – Evidence – Judicial review – Compliance with legislation  – Jurisdiction – Public interest Swanson v. Institute of Chartered Accountants of Saskatchewan, [2007] S.J. No. 701, Saskatchewan Court of Queen’s Bench, ...

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, ...

The Court allowed a petition to remove an arbitrator of an underinsured motorist protection arbitration and vacate the rulings and orders made by the arbitrator from the time of his appointment to the present, on the grounds that there existed a reasonable apprehension of bias given that the arbitrator and his law firm had an ongoing contractual and financial relationship with the Insurance Corporation of British Columbia (“ICBC”) who was the Respondent in the arbitration. Although there was evidence that counsel for the Petitioners had some knowledge of the arbitrator or his firm’s previous relationship with ICBC, it was not sufficient to establish waiver.

22. January 2008 0
Administrative law – Insurance Corporation of British Columbia – Mandatory arbitration – Arbitration and award – Conflict of interest – Judicial review – Natural justice – Bias Tepei v. Insurance Corporation of British Columbia, [2007] B.C.J. No. 2516, British Columbia Supreme Court, November 26, 2007, A.F. Cullen J. The Petitioners, passengers in a motor vehicle ...