A college is not required to refund tuition fees and interest paid on a student’s student loans if the student is expelled for cheating, if there is no evidence of an oblique motive on behalf of the College, if there is express forewarning of the consequences of cheating, and if the student fails to make written submissions within a reasonable amount of time after being invited to do so

27. November 2007 0
Administrative law – Universities – Student discipline – Expulsion – Judicial review – Bias – Natural justice – Procedural requirements and fairness Lisyikh v. Canadian Law Enforcement Training College, [2007] O.J. No. 3621, Ontario Superior Court of Justice, September 24, 2007, W. Low J. The Plaintiff enrolled in a ten-month course of the Defendant College ...

The appeal by the New Brunswick Real Estate Association (the “Association”) from a judge’s decision setting aside a decision of the Discipline Committee was allowed where the Court found that the judge had erred in concluding that the Committee’s policy of addressing the merits of the complaints and possible penalties in one hearing rendered the hearing process biased

23. October 2007 0
Administrative law – Decisions of administrative tribunals – Real estate agents – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Hearings – Judicial review – Bias – Procedural requirements and fairness New Brunswick Real Estate Assn. v. Moore, [2007] N.B.J. No. 311, New Brunswick Court of Appeal, August 9, 2007, ...

The Ontario Racing Commission (the “Commission”) was successful in its appeal from the Divisional Court’s Judicial Review decision overturning the Commission’s earlier decision finding Austin guilty of having provided an improper (cold) urine sample

23. October 2007 0
Administrative law – Decisions of administrative tribunals – Horse Racing – Drivers – Testing for illegal substances – Horse racers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Hearings – Evidence – Judicial review – Bias Austin v. Ontario (Racing Commission), [2007] O.J. No. 3249, Ontario Court of Appeal, August 30, 2007, M. Rosenberg, ...

The Applicant applied for an order to cancel the revocation of his firearms licence by a firearms officer, arguing that the revocation was unreasonable because the officer’s investigation was procedurally flawed and violated the rules of natural justice. The Court dismissed the application, finding that there was no obligation under the Firearms Act for the officer to disclose the case against the Applicant and to provide him with an opportunity to be heard before the officer made his decision.

Administrative law – Decisions of administrative tribunals – Firearms Officer – Firearms – licences – Judicial review – Procedural requirements and fairness – Natural justice – Bias – Compliance with legislation – Standard of review – Reasonableness simpliciter McDonald (Re), [2007] B.C.J. No. 1318, British Columbia Provincial Court, June 13, 2007, A.E. Rounthwaite The Applicant applied for ...

A man who had been found not guilty by reason of insanity for a first-degree murder he committed in his teens (“Leyshon-Hughes”) applied to quash decisions of the Ontario Review Board (the “Board”) adjourning his annual Review Board hearing and mandating provision of further medical evidence as to his risk of reoffending, and for an order requiring the ORB to establish a new Review Board panel to proceed forthwith with his annual Review Board hearing

24. July 2007 0
Administrative law – Criminal charges – Inmates Not Criminally Responsible for their crimes – Decisions of administrative tribunals – Review Board – Adult in need of protection – Danger to public – Mental health – Substitute decision maker – Judicial review – Application for intervenor status – Adjournment of hearing – Evidence – Procedural requirements and fairness – Natural ...

The Court dismissed an appeal by the Petitioner from the dismissal of its application for judicial review of the process that culminated in the issuance to the Respondent developer of an Environmental Assessment Certificate. The Court found that the Chambers Judge had not erred in finding that the Environmental Assessment Office (EAO) had not breached its duty to provide procedural fairness in the environmental assessment or in finding that the EAO’s agent had afforded the Petitioner a meaningful hearing.

27. February 2007 0
Administrative law – Environmental issues – Environmental Assessment Certificate – Hearings – Conduct of hearings – Judicial review – Procedural requirements and fairness – Natural justice – Bias R.K. Heli-Ski Panorama Inc. v. Jumbo Glacier Resort Project, [2007] B.C.J. No. 16, British Columbia Court of Appeal, January 8, 2007, Saunders, Levine and Smith JJ.A. The Respondent has ...

The Committee for Justice for Otto Vass (“CJOV”) was unsuccessful in its application for judicial review of the decision of the Coroner, Dr. William Lucas, refusing it standing at a Coroner’s Inquest where the Court found that the Coroner had not erred in concluding that CJOV met neither the private law nor the public law test for standing

23. January 2007 0
Administrative law – Decisions of administrative tribunals – Coroner’s inquest – Judicial review – Parties – Standing – Test – Public interest – Bias Vass (Committee for Justice) v. Lucas, [2006] O.J. No. 4553, Ontario Superior Court of Justice, October 26, 2006, K.E. Swinton J Otto Vass died on August 9, 2000 after being restrained by police ...

The appeal by Histed from his convictions by a panel of the Discipline Committee of the Law Society of Manitoba on two charges of professional misconduct was dismissed. The discipline hearing before the Panel was not a nullity. Any reasonable apprehension of bias that may have existed at the investigative stage was cured by the full and fair hearing on the charges against the Appellant before the Panel. The findings of professional misconduct, the one month suspension and the order of costs, were all decisions that met the applicable standard of review of reasonableness simpliciter.

28. November 2006 0
Administrative law – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Penalties – Suspension – Costs – Decisions of administrative tribunals – Law Societies – Investigations – Fairness – Judicial review – Bias – Natural justice – Standard of review – Reasonableness simpliciter Histed v. Law Society of Manitoba, [2006] M.J. No. 290, Manitoba Court of ...

The Court dismissed an appeal of a decision of the Consent and Capacity Board, finding the Appellant incapable of managing her property. The decision was a reasonable one and there were insufficient grounds for an apprehension of bias.

24. October 2006 0
Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Mental health – Capacity – Substitute decision maker – Judicial review – Bias – Reasonable apprehension of bias – Standard of review – Reasonableness simpliciter L.E. v. Desai, [2006] O.J. No. 3381, Ontario Superior Court of Justice, August 21, 2006, J.M. Spence J. The ...

A family physician (“Dr. Au”) was unsuccessful in quashing an Amended Notice of Hearing regarding allegations of inappropriate touching. He alleged that new members of the Discipline Committee who would hear those allegations were tainted by their exposure to previous members of the Discipline Committee who were also members of the Patient Relations Committee (“PRC”) in respect of the same complainants.

25. July 2006 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Bias – Jurisdiction College of Physicians and Surgeons of Ontario v. Au, [2006] O.J. No. 1994, Ontario Superior Court of Justice – Divisional Court, May 1, 2006, R.T.P. Gravely, J.M. ...