Decision by the Alberta Court of Appeal overturning a decision by the Alberta Securities Commission that found five individuals culpable of charges stemming from insider trading

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Penalties – Judicial review – Evidence – Compliance with legislation Walton v. Alberta (Securities Commission), [2014] A.J. No. 909, 2014 ABCA 273, Alberta Court of Appeal, August 29, 2014, P.W.L. Martin, F.F. Slatter JJ.A. and R.E. Nation J. ...

BC Court of Appeal permitted the respondent leave to appeal a commercial arbitrator’s decision. The Arbitration Act only allows leave to appeal on questions of law, and the court determined that the question raised by the respondent was one of law, since it related to contractual interpretation and whether something was or reasonably ought to have been within the common knowledge of the parties at the time of the execution of the contract. The Supreme Court of Canada ruled that contractual interpretation issues involving mixed fact and law, such as whether something was or reasonably ought to have been within the common knowledge of the parties at the time of the execution of the contract, are properly questions of fact. Accordingly, as the respondent’s appeal was based on a question of fact and not law, it should not have been granted leave. The appellant’s appeal was allowed.

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Arbitration and award – Judicial review – Appeals – Leave to appeal – Test – Compliance with legislation – Jurisdiction of court – Standard of review – Reasonableness simpliciter Sattva Capital Corp. v. Creston Moly Corp., [2014] S.C.J. No. 53, 2014 SCC 53, Supreme ...

The BC Supreme Court struck down bylaws passed by the College of Pharmacists which prohibited the use of incentive programs in pharmacies. The court found that the College’s decision to pass the bylaws fell outside the range of possible acceptable outcomes, given the competing public interests and the College’s ability to pass bylaws that are narrower in scope to address their reasonable concerns. The bylaws were found to be overbroad and their net effect was found to be harmful to the public interest in obtaining pharmacy services and prescriptions at the lowest price.

23. September 2014 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Professional governance and discipline – Rules and by-laws – Change of by-laws – Public interest – Incentive programs – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Sobeys West Inc. v. College of Pharmacists ...

Appeal by the Appellant National Money Mart Co. from a decision dismissing its motion for a stay of a proposed class action because the class of proposed borrowers had all signed agreements requiring them to mediate and/or arbitrate their disputes with the Appellant

22. July 2014 0
Administrative law – Criminal matters – Consumer protection – Class proceedings application – Arbitration agreements – Judicial review – Stay of proceedings – Jurisdiction of court – Compliance with legislation – Statutory interpretation Briones v. National Money Mart Co., [2014] M.J. No. 154, 2014 MBCA 57, Manitoba Court of Appeal, June 5, 2014, M.A. Monnin, ...

The Appellant car dealer was unsuccessful in seeking a judicial review of the Respondent Registrar of Motor Dealers’ decision that the Appellant committed a deceptive act in the course of the sale of a motor vehicle

22. July 2014 0
Administrative law – Decisions of administrative tribunals – Motor Vehicle Dealers – Investigations – Consumer protection – Judicial review – Compliance with legislation – Natural justice – Procedural requirements and fairness Windmill Auto Sales & Detailing Ltd. v. British Columbia (Registrar of Motor Dealers), [2014] B.C.J. No. 1005, 2014 BCSC 903, British Columbia Supreme Court, ...

The Appellant employer was successful in seeking an appeal relating to a decision by Workers’ Compensation Appeals Tribunal (the”WCAT”) awarding the Respondent an increased permanent impairment benefit (the “PMI”)

22. July 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Policies – Workers compensation – Occupational disease — Benefits – Statutory provisions – Judicial review – Evidence – Compliance with legislation Enterprise Cape Breton Corp. v. Anderson, [2014] N.S.J. No. 286, 2014 NSCA 59, Nova Scotia Court of Appeal, June 10, 2014, M. ...

A non-practising psychologist (“Sydiaha”) appealed from a decision of the Council of the Saskatchewan College of Psychologists where it had found him guilty of professional misconduct for advertising himself as a psychologist, without specifying that he was non-practising

24. June 2014 0
Administrative law – Decisions of administrative tribunals – College of Psychologists – Psychologists – Disciplinary proceedings – Unauthorized practice – Advertising – Professional misconduct / conduct unbecoming – Public interest – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Sydiaha v. Saskatchewan College of Psychologists, [2014] S.J. No. 254, 2014 ...

Mr. Chiarelli (“Chiarelli”) was unsuccessful in appealing from an order that permanently enjoined him from engaging in the practice of law or in the provision of legal services in Ontario.

24. June 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Paralegals – Unauthorized practice – Advertising – Disciplinary proceedings – Self-representation – Penalties and suspensions – Judicial review – Compliance with legislation Law Society of Upper Canada v Chiarelli, [2014] O.J. No. 2328, 2014 ONCA 391, Ontario Court of Appeal, May 14, 2014, ...

The Police Act states that a complaint matter can be reopened for further investigation within 30 days of its dismissal if it is in the public interest to do so, or at any time if new information becomes available that requires investigation. The Commissioner reopened a complaint more than 30 days after it had been summarily dismissed citing the public interest provision as the basis. The body of the order noted that new information had been received, and suggested this was the reason for reopening the matter. The Chambers judge characterized the failure to cite the proper provision as a technicality and upheld the order. The Court of Appeal quashed the order, holding that the defect went to the heart of the Commissioner’s jurisdiction, and the court had no authority to cure a defective order made under the Act.

24. June 2014 0
Administrative law – Decisions of administrative tribunals – Police Commission – Investigations – Disciplinary proceedings – Public interest – Judicial review – Jurisdiction – Compliance with legislation Vancouver (City) Police Department v. British Columbia (Police Complaint Commissioner), [2014] B.C.J. No. 908, 2014 BCCA 181, British Columbia Court of Appeal, May 12, 2014, N.J. Garson, A.W. ...

Appeal by recipient of disability support payments from a decision quashing an order of the Ontario Social Benefits Tribunal forgiving recovery of one-half of overpayment

27. May 2014 0
Administrative law – Decisions of administrative tribunals – Disability Support Program – Overpayment – Discretion of tribunal – Jurisdiction – Regulatory powers of tribunal – Government – Funding of programs – Social assistance – Judicial review – Compliance with legislation – Statutory interpretation Ontario (Director, Disability Support Program) v. Surdivall, [2014] O.J. No. 1505, 2014 ...