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 ...

Regulations made by an agricultural commodity board were not sufficiently framed to empower it to charge a fee for quotas for the marketing or production of chicken. The power to impose a fee, levy, or anything in the nature of a tax in the regulation of an industry must be explicitly conferred by the enabling legislation.

25. February 2003 0
Administrative law – Boards and tribunals – Jurisdiction – Legislation – Ultra vires Oulton v. Chicken Farmers of Nova Scotia, [2002] N.S.J. No. 513, Nova Scotia Court of Appeal, December 5, 2002, Saunders, Chipman and Hamilton JJ.A. The Respondent chicken producers had been, for 20 years, on a waiting list maintained by the Chicken Farmers of ...

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 ...

The Applicant sought judicial review of the Alberta Human Rights and Citizenship Commission’s refusal to accept a complaint. The court applied a standard of correctness. The Commission’s Certificate was correct and held that the Commission is without jurisdiction to deal with the complaint, which did not concern any ground of discrimination covered by the Act.

24. September 2002 0
Administrative law – Human rights complaints – Jurisdiction – Access to child’s medical records by a divorced parent – Privative clauses – Boards and tribunals – Breach of procedural fairness – Judicial review – Standard of review – Correctness – Jurisdiction of court G.S. v. Alberta (Human Rights and Citizenship Commission), [2002] A.J. No. 980, Alberta Queen’s Bench, July ...

The Corporation of Schreiber and concerned residents brought an application seeking judicial review of a decision by the local School Board to close a high school located in the town. The court dismissed the application for judicial review holding that the Applicants had not met the burden of establishing that the Board had committed a procedural error in reaching its decision to close the school that was so fundamental that it affected the basis of the Board’s decision.

24. September 2002 0
Administrative law – Schools – Closures – School boards – Jurisdiction – Boards and tribunals – Procedural fairness – Judicial review application Schreiber (Township) v. Superior Greenstone District School Board, [2002] O.J. No. 3303, Ontario Superior Court of Justice, Divisional Court – Thunder Bay, Ontario, August 23, 2002, Kozak J. Lake Superior High School has two campuses, one ...

Parents of children attending a French Immersion school failed in their application seeking to overturn a decision to close the school, as the court found that the school board did not breach its duty of procedural fairness in deciding to close the school

27. August 2002 0
Administrative law – Schools – Closures – School boards – Jurisdiction – Boards and tribunals – Procedural fairness MacGregor v. Halifax Regional School Board, [2002] N.S.J. No. 334, Nova Scotia Supreme Court, July 17, 2002, Coughlan J. The school board voted to close École Beaufort, a school providing French immersion education. The Applicants, parents of children attending ...

Intent is not a necessary precondition to a finding that an act is discriminatory. In the evaluation of a human rights complaint, the Commission must take into account the reality that overt discrimination is rare today and is generally subtle in nature. The appropriate standard of review of the Commission’s decision of whether or not to dismiss a complaint is reasonableness simpliciter. On the facts, the court held that the Commission’s decision was unreasonable and directed an investigation by a new investigator.

27. August 2002 0
Administrative law – Human rights complaints – Boards and tribunals – Judicial review application – Standard of review – Reasonableness Simpliciter – Investigative bodies – Fairness Chopra v. Canada (Attorney General), [2002] F.C.J. No. 1082, Federal Court of Canada – Trial Division, July 12, 2002, Beaudry J. A scientist employed by Health Canada sought judicial review of the ...

O’Hara’s application for a judicial review of a decision of the B.C. Human Rights Commission dismissing his complaint was itself dismissed as the Court held that O’Hara could not establish that the Commission’s decision was patently unreasonable or that the investigative process was procedurally unfair

28. May 2002 0
Administrative law – Human rights complaints – Disability – Judicial review application – Boards and Tribunals – Breach of procedural fairness – Patently unreasonable decision – Continuing contravention – Definition O’Hara v. British Columbia (Human Rights Commission), [2002] B.C.J. No. 887, British Columbia Supreme Court, April 16, 2002, Quijano J. O’Hara described himself as disabled from a ...

Stinchcombe succeeded in his appeal of the decision allowing the Law Society of Alberta to proceed with two charges against him relating to events occurring in 1986 and 1987. The Court held that Stinchcombe’s ability to defend the charges had been prejudiced by the Law Society’s inordinate and inexcusable delay and that this constituted a denial of natural justice.

28. May 2002 0
Administrative law – Barristers and solicitors – Disciplinary proceedings – Boards and tribunals – Jurisdiction – Natural justice – Delay – Hearings – Disclosure – Judicial review – Standard of review- Correctness test Stinchcombe v. Law Society of Alberta, [2002] A.J. No. 544, Alberta Court of Appeal, April 26, 2002, Conrad, O’Leary and Paperny JJ.A. On ...