The Court allowed an appeal by the Ontario Flue-Cured Tobacco Growers’ Marketing Board and reinstated a decision of the Respondent’s Appeal Tribunal which had found the Respondent, Stetler, guilty of engaging in the unlawful sale of tobacco outside the auspices of the Board’s quota system. The reviewing judge had erred in failing to properly determine the appropriate standard of review applicable to the Tribunal’s decision and by applying a standard of correctness rather than reasonableness.

Administrative law – Decisions of administrative tribunals – Marketing Boards – Penalties – Judicial review – Evidence – Witnesses – Bias – Standard of review – Reasonableness simpliciter – Correctness Stetler v. Agriculture, Food and Rural Affairs Appeal Tribunal, [2005] O.J. No. 2817, Ontario Court of Appeal, July 8, 2005, S. Borins, K.N. Feldman and E.A. ...

The Court dismissed applications for judicial review by various police officers who had been referred to discipline hearings or informal resolution by the Respondent Commission. The Court found that there had been no breach of procedural fairness at this early stage in the administrative process, the applications were premature and, in two cases, were moot.

Administrative law – Police – Disciplinary proceedings – Judicial review application – Premature – Judicial review – Procedural requirements and fairness – Bias – Mootness Sommers v. Ontario (Civilian Commission on Police Services), [2005] O.J. No. 1838, Ontario Superior Court of Justice, May 10, 2005, J.D. Carnwath, J.R.R. Jennings and K.E. Swinton JJ. The Applicant police officers ...

The President of the Progressive Conservative Party of Manitoba (“Fletcher”) was unsuccessful on appeal from a judicial review upholding the decision of the Automobile Injury Compensation Appeal Commission that had affirmed Manitoba Public Insurance Corporation’s (“MPI”) denial of his claim for additional attendant care costs that he would incur as the president of the Party

22. February 2005 0
Administrative law – Judicial review – Bias Fletcher v. Manitoba Public Insurance Corp., [2004] M.J. No 443, Manitoba Court of Appeal, December 15, 2004, Huband, Kroft and Hamilton JJ. A. Fletcher alleged that a reasonable apprehension of bias existed because the chairperson made political contributions to the New Democratic Party. Fletcher argued that the chairperson, ...

The applicant was not an “office holder” and therefore his dismissal by the respondent was subject to a minimal duty of fairness which was met by the respondent in the circumstances

25. January 2005 0
Administrative law – Employment law – Termination of employment – Judicial review – Procedural requirements and fairness – Bias Youth Criminal Defence Office v. Board of Directors of the Legal Aid Society of Alberta, [2004] A.J. No. 1345, November 3, 2004, Alberta Court of Queen’s Bench, Hart J. The applicant (“Holtby”) applied for a declaration of nullity ...

The court found a reasonable apprehension of bias to exist in circumstances where a physician testified at a College disciplinary hearing as both a fact and expert witness and was subsequently appointed to be a member of the College Discipline Committee shortly before the decision pertaining to the hearing at which she gave evidence was released

28. December 2004 0
Administrative law – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct – Penalties and suspensions – Decisions of administrative tribunals – College of Physicians and Surgeons – Committee members – Impartiality – Judicial review – Witnesses – Bias – Disclosure – Procedural requirements and fairness Li v. College of Physicians and Surgeons of Ontario, [2004] O.J. ...

The appeal of a decision of the discipline body of the Association of Professional Engineers of Nova Scotia was dismissed by the Supreme Court and on the subsequent appeal the Court held that the Supreme Court did not err in assessing the degree of proof required or in finding that any breaches of natural justice or procedural fairness were waived by the Appellant

28. December 2004 0
Administrative law – Engineers – Disciplinary proceedings – Professional misconduct – Penalties and suspensions – Decisions of administrative tribunals – Association of Professional Engineers – Judicial review – Procedural requirements and fairness – Bias – Natural justice Beaini v. Assn. of Professional Engineers of Nova Scotia, [2004] N.S.J. No. 383, Nova Scotia Court of Appeal, October 13, ...

An application was granted for an order of certiorari to quash a resolution of the Medical Advisory Committee of the Winnipeg Regional Health Authority that suspended the Applicant doctor’s medical staff privileges pending the outcome of a hearing into certain complaints against him. The Applicant’s privileges were re-instituted subject to certain conditions.

28. September 2004 0
Administrative law – Physicians and surgeons – Competence – Hospital privileges – Suspensions – Hearings – Judicial review – Natural justice – Procedural requirements and fairness – Administrative decisions – Bias – Remedies – Certiorari – Injunctions Fong v. Winnipeg Regional Health Authority, [2004] M.J. No. 299, Manitoba Court of Queen’s Bench, July 30, 2004, Beard J. The ...

A former licensed member (“Padovan”) of the Association of Ontario Land Surveyors (the “Association”) brought an action against the Association claiming damages resulting from disciplinary proceedings instituted against him by the Association. The Association was successful in a motion for summary judgment where the court found that Padovan had not satisfied even the modest preliminary evidentiary burden to establish bias, harassment, malice or mala fides on the part of the Association.

28. September 2004 0
Administrative law – Land Surveyors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Administrative decisions – No reasonable cause of action – Bias – Evidence Padovan v. Assn. of Ontario Land Surveyors, [2004] O.J. No. 2921, Ontario Superior Court of Justice, April 7, 2004, Stach J. Padovan was the subject of ...

The court dismissed a motion to quash an application for judicial review on the basis that the Applicant had an adequate alternative remedy in the form of a full hearing before a panel of the University Discipline Tribunal. The court allowed the Applicant’s cross-motion to stay the hearing of the Discipline Tribunal pending the resolution of the application for judicial review.

28. September 2004 0
Administrative law – Universities – Student discipline – Remedies – Alternative remedies – Judicial review application – Striking out – Bias – Jurisdiction – Stay of proceedings Freeman-Maloy v. York University, [2004] O.J. No. 3123, Ontario Superior Court of Justice, July 20, 2004, Epstein J. The Applicant was a student activist at York University who had engaged ...

Fryingpan, who was allegedly assaulted by a police officer, successfully applied to quash the decision of the Edmonton Police Commission (the “Commission”) to hold his complaint about the officer’s conduct in abeyance and for a direction that the complaint be reviewed pursuant to s.46(3) of the Police Act R.S.A. 2000,CP-17

Administrative law – Police – Police Complaint Commissioner – Procedural fairness – Judicial review – Bias – Compliance with legislation – Evidence – Standard of review – Correctness Fryingpan v. Edmonton (City) Police Commissions, [2004] A.J. No. 225, Alberta Court of Queen’s Bench, February 25, 2004, Murray J. In October 2002, Fryingpan’s mother filed a complaint ...