The appellant psychologist appealed a decision of the Saskatchewan College of Psychologists finding her guilty of professional misconduct for failing to comply with the College’s Code of Ethics and issuing a reprimand. The College’s Discipline Committee had rejected the joint submission by the psychologist and College’s counsel on agreed facts and undertakings, and instead issued an order as to the appellant psychologist’s future practice. The College Council upheld the Discipline Committee’s decision. The appeal was allowed in part. The Court agreed that the appellant psychologist’s admissions as to the facts behind the charges were tantamount to guilty pleas. The Council’s decision to uphold the findings of guilty pleas was within the range of reasonable decisions. However, the Discipline Committee and Council erred in its application of section 32 of the Psychologists Act in requiring a reprimand given in every case where there was a breach of professional standards. As well, the process of rejecting the joint submission without an opportunity for further submissions from either counsel for the College or appellant psychologist was unreasonable. As a result, the reprimand was struck from the disposition.

25. June 2013 0
Administrative law – Decisions of administrative tribunals – College of Psychologists – Psychologists – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Nanson v. Saskatchewan College of Psychologists, [2013] S.J. No. 295, 2013 SKQB ...

The issue in this appeal was whether serious criminal charges, prior to conviction, can found a refusal to grant registration to a medical student

25. June 2013 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Professional governance and discipline – Licence to practice – Character evidence – Competence – Public interest – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Chauhan v. Heath Professions Appeal ...

An assessment which falls below the minimum standard of care required, but does not lead to a misdiagnosis, may lead to a finding of veterenarian’s unprofessional conduct

25. June 2013 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Professional misconduct – Competence – Judicial review – Evidence –  Compliance with legislation – Standard of review – Reasonableness simpliciter Karagic v. Alberta Veterinary Medical Assn., [2013] A.J. No. 481, 2013 ABCA 169, Alberta Court of Appeal, May 21, ...

The Court of Appeal dismissed an appeal by Zhu from a British Columbia Securities Commission decision refusing to set aside an order freezing certain bank accounts of a company where Zhu was the sole director. The company was alleged to have breached provisions of the Securities Act, R.S.B.C. 1996, c.418, by operating a cash rebate program which was in substance an investment contract and security, without a prospectus. As well, the rebate program was alleged by the Executive Director to be, in effect, a Ponzi scheme. The Court, in dismissing the appeal, held that the Commission had a very broad discretion in determining whether Zhu had established that revocation of the freeze order would not be prejudicial to the public interest. The Commission’s approach was clearly within its mandate and did not lend itself to guidance by way of tests, mandatory criteria or other guidelines that would tie the Commission’s hands. The Commission’s decision not to revoke the freeze order was reasonable.

25. June 2013 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Investigations – Stock brokers – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Freezing of bank accounts – Public interest – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter Zhu v. British Columbia (Securities Commission), [2013] ...

The appellants successfully appealed an arbitrator’s decision on the basis that the arbitrator erred by failing to give effect to the ordinary and plain meaning of a statutory provision regarding employment benefits

28. May 2013 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Arbitration Board – Labour law – Collective agreements – Benefits – Judicial review – Appeals – Compliance with legislation – Statutory interpretation – Standard of review – Correctness British Columbia Teachers’ Federation v. British Columbia Public School Employers’ Assn., [2013] B.C.J. No. 767, ...

The appellants successfully appealed a decision of the Law Enforcement Review Board, setting aside a decision of the Chief of Police of the Calgary Police Service, directing that a hearing be held in relation to a complaint against two constables with the Calgary Police Service

28. May 2013 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Professional governance and discipline – Investigations – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation Calgary (Police Service) v. Alberta (Law Enforcement Review Board), [2013] A.J. No. 306, 2013 ABCA 124, Alberta Court of Appeal, ...

The applicant successfully sought leave to appeal an order of a justice of the Supreme Court of British Columbia dismissing its appeal from an order of the Forest Appeals Commission

28. May 2013 0
Administrative law – Decisions of administrative tribunals – Forest Appeals Commission – Natural resources – Forestry – Stumpage fees – Judicial review – Appeals – Leave to appeal – Test – Compliance with legislation – Statutory interpretation British Columbia v. Canadian National Railway, [2013] B.C.J. No. 802, 2013 BCCA 185, British Columbia Court of Appeal, ...

An individual who was arrested for disruptive behaviour in an Ontario courtroom (“Penner”) succeeded on appeal in establishing that issue estoppel should not apply to preclude his civil claims against the police officers once his Police Services Act proceedings against them had been dismissed

21. May 2013 0
Administrative law – Decisions of administrative tribunals – Police Services Commission – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Estoppel and res judicata – Compliance with legislation – Evidence Penner v. Niagara (Regional Police Services Board), 2013 SCJ No. 19, 2013 SCC 19, Supreme Court of Canada, April ...

The Applicant school boards unsuccessfully appealed the decision of the Respondent Workplace Safety and Insurance Board denying the Applicants access to their employees’ information

23. April 2013 0
Administrative law – Decisions of administrative tribunals – School boards – Disclosure of record – Workers compensation – Benefits – Subrogated actions – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Disclosure of records – Compliance with legislation – Applications – Premature Lambton Kent District School Board v. ...

The Appellant, Mr. Alexander, was not successful in his appeal of a disciplinary hearing conducted by the Respondent Securities Commission

23. April 2013 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Investigations – Penalties and suspensions – Judicial review – Compliance with legislation – Natural justice – Procedural requirements and fairness – Evidence – Standard of review – Reasonableness simpliciter British Columbia (Securities Commission) v. Alexander, [2013] B.C.J. No. ...