The Court dismissed an appeal from a decision of the Health Disciplines Board, which had overturned a decision of the Acupuncture Committee. The Committee had found the Respondent guilty of professional misconduct and unskilled practice, following a complaint that the Respondent had made false allegations of sexual harassment against a fellow acupuncturist and made false allegations of improprieties in relation to acupuncture examinations against another acupuncturist. The Court upheld the Board’s finding that the Committee had failed to find justification or rationale for its conclusions.

23. June 2009 0
Administrative law – Decisions of administrative tribunals – Acupuncture Committee – Acupuncturists – Professional misconduct / conduct unbecoming – Public interest – Judicial review – Failure to provide reasons – Compliance with legislation – Standard of review – Reasonableness simpliciter Yu v. Wanglin, [2009] A.J. No. 453, 2009 ABCA 166, Alberta Court of Appeal, April ...

The Appellant City successfully appealed a decision of the B.C. Supreme Court, which had granted the Respondent Company’s application for judicial review. At issue was the City’s decision to alter the method by which the City was recovering certain costs associated with its implementation of a sewer system for the Company.

23. June 2009 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Change of by-laws – Utility services – Cost sharing – Levies and taxies – Judicial review – Compliance with legislation Andrex Developments (1985) Ltd. v. Colwood (City), [2009] B.C.J. No. 983, British Columbia Court of Appeal, May 20, 2009, L.S.G. ...

The Applicant Town’s application for judicial review was dismissed in respect of the process followed by the Respondent School District when it relied on two specific reports and recommended closure of a school in the Applicant’s area

23. June 2009 0
Administrative law – Decisions of administrative tribunals – School boards – Statutory powers – Policies – Schools – Closures – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice Georgetown (Town) v. Eastern School District, [2009] P.E.I.J. No. 25, Prince Edward Island Supreme Court, May 21, 2009, W.D. Cheverie J. ...

The standard of review of an adjudicator’s decision made pursuant to the Occupational Health and Safety Act, 1993, S.S. 1993, c. O-1.1, on a point of law, is correctness. Section 27 of the Act which prohibits an employer from taking discriminatory action against a worker applies only as between the employer and the employer’s worker. The section does not apply as between an employer and a person who is a worker on the employer’s worksite but is not employed by the employer but by some other entity.

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Occupational Health and Safety Officer – Judicial review – Standard of review – Correctness – Compliance with legislation – Discrimination – Labour relations – Working conditions – Workers compensation – Worker – definition – Employer – definition Potash Corp. of Saskatchewan Inc. v. Oppenlander, [2009] S.J. No. ...

The Consent and Capacity Board acting pursuant to the Health Care Consent Act, 1996, S.O. 1996, in conducting a hearing to determine whether a substitute decision maker is acting in the best interests of the patient, does not have an obligation to call witnesses which could have been called by the substitute decision maker represented by counsel at the hearing. Short reasons of the Board dealing with the prior capable wish of the patient will be considered sufficient by the Court on an appeal where the Court is not prevented from a meaningful review of the correctness of the Board’s decision. An oversight on the part of the Board in failing to make a decision as to incapacity of the patient where the incapacity was largely conceded by the substitute decision maker, is unlikely to succeed as a ground of appeal of the Board’s decision that the substitute decision maker was not acting in the best interests of the patient.

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Failure to provide reasons – Adult in need of protection – Capacity – Best interest of incompetent adult – Substitute decision maker – Treatment plans – Compliance with legislation – Hearings – Witnesses – failure to call Grover v. Grover, [2009] O.J. ...

The appeal by an injured worker (“Young”) from a decision of the Workers’ Compensation Appeal Tribunal (the “Tribunal”) limiting his entitlement to extended earnings replacement benefits was dismissed where the Court found that the Tribunal had evidence upon which to conclude that Young was capable of working after his initial accident in 1997, despite later becoming unable to work because of disk herniation

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Loss of earnings – Transferable skills – Test – Judicial review – Evidence – Compliance with legislation Young v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2009] N.S.J. No. 157, Nova Scotia Court of Appeal, April 15, 2009, J.W.S. ...

The appeal by a worker (“Plesner”) from a judicial review of his claim for workers’ compensation was allowed where the Court found that provisions and policies under the Workers’ Compensation Act R.S.B.C. 1996 c.492 (the “Act”), breached his Section 15(1) Charter rights as they require a worker to meet a significantly higher causation threshold for a purely mental work-related injury than required for those who suffer purely physical workplace injuries

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Charter of Rights and Freedoms – Workers compensation – Benefits – Traumatic event – Psychological injury – employment related – Validity and application of policies – Judicial review – Compliance with legislation – Remedies – Charter relief Plesner v. British Columbia (Hydro and ...

An owner of property (“Gowman”) that was located within the Agricultural Land Reserve (the “ALR”) was successful in having a resolution of the Provincial Agricultural Land Commission (the “Commission”) removing 15 hectares of a neighbouring property owned by H.F. Nodes Construction Ltd. from the ALR declared a nullity on the basis that one of the commissioners involved in the decision was biased

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Agricultural Land Commission – Municipalities – Planning and zoning – Agricultural Land Reserve – Removal process – Notice requirements – Compliance with legislation – Judicial review – Bias Gowman v. British Columbia (Provincial Agricultural Land Commission), [2009] B.C.J. No. 364, British Columbia Supreme Court, February 27, 2009, ...

The Applicant trailer park owner applied for judicial review of a bylaw passed by the Respondent City, which implemented a licensing fee for the owners of trailer parks. The Court held that the bylaw was ultra vires of the licensing authority granted to the City because the fee was intended as a tax.

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Powers under legislation – By-laws – Ultra vires – Power to enact by-laws – Permits and licences – Fees – Service fees – Property assessment – Trailer parks – Judicial review – Compliance with legislation Gould v. Weyburn (City), [2009] S.J. No. ...

The Respondent, Office of the Information and Privacy Commissioner (“OIPC “), succeeded in resisting an application for judicial review of one of its decisions. The OIPC decision related to a driver’s licence scanning system implemented by the Applicant nightclub owners for security reasons. The OIPC decided that the information was not gathered for a reasonable purpose. The Court refused to interfere with that decision.

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Collection of records – Reasonable purpose – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Standard of review – Reasonableness simpliciter Penny Lane Entertainment Group v. Alberta (Information and Privacy Commissioner), [2009] A.J. ...