The Appellant Superintendent unsuccessfully appealed a decision of the British Columbia Supreme Court. The B.C. Supreme Court had granted, in part, the Respondent driver’s judicial review application in respect of an adjudicator’s driving prohibition.

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Suspension of driver’s licence – Breathalyser tests – Certificate of analysis – Jurisdiction – Judicial review – Compliance with legislation – Standard of review – Correctness Mitchell v. British Columbia (Superintendent of Motor Vehicles), [2009] B.C.J. No. 1428, British Columbia Court of ...

The Appellant Hearing Aid Practitioner, Gedge, unsuccessfully appealed the decision of the Respondent Board, which penalized him for some of his conduct as a hearing aid practitioner

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Hearing Aid Practitioners Board – Hearing Aid Practitioners – Disciplinary proceedings – Penalties and Suspensions – Competence – Public interest – Judicial review – Self-governing professions – Jurisdiction – Compliance with legislation – Procedural requirements and fairness – Bias Gedge v. Hearing Aid Practitioners Board, [2009] N.J. ...

The appeal by the Canadian Broadcasting Corporation (“CBC”) from a decision dismissing the CBC’s application for judicial review of a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”) was dismissed where the Court found that the British Columbia Workers’ Compensation Board (“WCB”) was the appropriate body to determine whether a person engaged by the CBC was an “employee” within the meaning of the Governments Employees Compensation Act, R.S.C. 1985, c. G-5

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Government agencies – Government employees – Workers compensation – Federal and provincial legislation – Worker – definition – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Standard of review – Correctness Canadian Broadcasting Corp. v. Luo, [2009] B.C.J. No. 1559, British Columbia Court of ...

An appeal by the Defendant St. Paul’s Hospital (the “Hospital”) from dismissal of a motion to strike out a Statement of Claim issued by a surgeon (“Munro”) as disclosing no cause of action was dismissed where the Court held that it was not plain and obvious that Munro’s claim in contract would fail and the Hospital did not establish that the Court should decline jurisdiction to hear the tort claims

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Statutory powers – Physicians and surgeons – Hospital privileges – Judicial review – Compliance with legislation – Evidence – Remedies – Alternative remedies Munro v. St. Paul’s Hospital, [2009] B.C.J. No. 1475, British Columbia Court of Appeal, July 24, 2009, I.T. Donald, P.D. Lowry ...

The appeal by a geoscientist (“Salway”) from a decision dismissing his application for judicial review of a Stipulated Order under which he admitted unprofessional conduct and agreed to a disciplinary regime other than the one provided for in the Engineers and Scientists Act, R.S.B.C. 1996, c. 116 was allowed where the Court found that the Association had no jurisdiction to adopt the Stipulated Order procedure

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Governance – Functions of a self-governing body – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Jurisdiction of Association – Compliance with legislation Salway v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2009] B.C.J. ...

The Court dismissed the Appellant Architect’s appeal of a decision made by a discipline committee of the Respondent Ontario Association of Architects which found him guilty of two counts of professional misconduct by affixing a seal or permitting a seal to be affixed to a design not prepared under the personal supervision and direction of a member/holder of a temporary licence. Where the issue is integrity, there is no equivalent functional need for peer review or expert evidence as there would be for disputes concerning the standard of practice. The Discipline Committee did not err in law in concluding that the conduct of the member/holder was dishonourable and unprofessional without receiving peer or expert opinion on the issue. As well, there was no compelling reason to interfere with the Discipline Committee’s decision on penalty and costs.

28. July 2009 0
Administrative law – Decisions of administrative tribunals – Association of Architects – Disciplinary proceedings – Supervision of trainee – Professional misconduct – Penalties and suspensions – Judicial review – Compliance with legislation – Jurisdiction – Evidence – Standard of review – Reasonableness simpliciter Cheung v. Ontario Assn. of Architects, [2009] O.J. No. 2230, Ontario Superior ...

The Applicant Nishnawbe Aski Nation (“NAN”) was successful in obtaining a stay of the Inquest into the death of Reggie Bushie pending the determination of an Application for Judicial Review of decisions relating to the selection of the jury for the Inquest

28. July 2009 0
Administrative law – Decisions of administrative tribunals – Coroner – Coroner’s inquest – Public interest – Judicial review – Compliance with legislation – Stay of proceedings – Jury selection – Witnesses – Aboriginal issues Nishnawbe Aski Nation v. Eden, [2009] O.J. No. 2458, Ontario Superior Court of Justice, May 29, 2009, A. Karakatsanis J. Reggie ...

The application by a cosmetic surgeon (“Yazdanfar”) for judicial review of an Interim Order of the Executive Committee of the College of Physicians and Surgeons of Ontario was dismissed where the Court found there was an ample factual foundation for the Committee to significantly limit Yazdanfar’s performance of liposuction and breast augmentation surgery pending a Disciplinary Hearing

28. July 2009 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Investigations – Failure to produce records – Statutory provisions – Disciplinary proceedings – Competence – Penalties and suspensions – Public interest – Judicial review – Compliance with legislation – Evidence – Standard of review – Reasonableness simpliciter ...

The Court dismissed an appeal of a decision of the Respondent College, which had found the Appellant guilty of unprofessional conduct in connection with billing irregularities. The Court held that the College’s findings and penalty were not unreasonable.

23. June 2009 0
Administrative law – Decisions of administrative tribunals – College of Optometrists – Optometrists – Disciplinary proceedings – Billing matters – Penalties and suspensions – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter – Costs Bishop v. Alberta College of Optometrists, [2009] A.J. No. 486, 2009 ABCA 175, Alberta Court of ...

The Court dismissed an application to quash the decision of the Respondent Town, terminating the employment of the Applicant. Due to the section of the Municipalities Act, under which the Applicant held office, her employment was not governed by the law of contract. The Town owed the Applicant a duty of fairness, which they had discharged.

23. June 2009 0
Administrative law – Decisions of administrative tribunals – Municipalities – Employment law – Termination of employment – Public law vs. Contract law – Public officer – Judicial review – Compliance with legislation – Procedural requirements and fairness Cronkhite v. Nackawic (Town), [2009] N.B.J. No. 107, 2009 NBQB 110, New Brunswick Court of Queen’s Bench, April ...