The Applicants (individual practitioners and their Association) were unsuccessful in challenging the Respondent Council’s registration regulation relating to the practice of Traditional Chinese Medicine

25. March 2014 0
Administrative law – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Governance – Self-governing professions – Charter of Rights and Freedoms – Judicial review – Compliance with legislation – Legislation – Ultra vires Yuan v. Transitional Council of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario, [2014] O.J. ...

The Petitioner sought judicial review of a decision of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia (the “College”) to terminate him from his position as registrar of the College. The petition was dismissed as the judge found that the College met its requirement of procedural fairness. On appeal, the Court held that the reviewing judge erred in mixing the merits of the decision to terminate with the process of termination. Furthermore, she made a palpable error of fact in finding that the Petitioner had notice of the grounds for termination when he had no prior notice of a report accusing him of dishonesty and no opportunity to address the accusation. This amounted to a denial of procedural fairness. The Court ordered that he be re-instated to his position as registrar, with full back pay and benefits less earnings from other employment.

27. December 2005 0
Administrative law – Employment law – Termination of employment – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Natural justice – Judicial review – Appeals – Procedural requirements and fairness Wong v. College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia, [2005] B.C.J. No. 2219, British Columbia Court of Appeal, October 21, ...

The Court dismissed the Petitioner’s appeal of a decision of the Respondent College’s Registration Committee which had dismissed her appeal regarding the results of her written examination for qualification. The Court found that the Registration Committee had not violated the principles of natural justice in administering the written examination, the College had not acted on irrelevant considerations in setting the passing score for the written examination and the College had not violated the rules of natural justice in conducting the Petitioner’s internal appeal.

28. June 2005 0
Administrative law – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Licence to practice – Examinations – Judicial review – Procedural requirements and fairness – Natural justice – Legitimate expectations – Appeal process – Standard of review – Correctness – Reasonableness simpliciter Eliott v. College of Traditional Chinese Medicine Practitioners and Acupuncturists ...

The petition of the former registrar (“Wong”) of the College of Traditional Chinese Medicine Practitioners (the “College”) was dismissed where the court found that the decision of the governing board of the College (the “Board”) dismissing Wong was reasonable and that the requirements of procedural fairness were met in the process employed by the Board

23. November 2004 0
Administrative law – Employment law – Termination of employment – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Judicial review – Procedural requirements and fairness – Compliance with legislation Wong v. College of Traditional Chinese Medicine Practitioners, [2004] B.C.J. No. 1906, British Columbia Supreme Court, September 17, 2004, Boyd J. The College is ...