Costello appealed the decision of the Ontario Securities Commission (the “Commission”) which found that he had acted as an “advisor” without being registered to do so under section 25(1)(c) of the Securities Act, R.S.O. 1990 C. s.5 (the “Act”). The court employed a standard of review of reasonableness and found that the Commission’s decision was reasonable and supported by the evidence.

28. September 2004 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Personal interests – Public interest – Stock brokers and advisors – Disciplinary proceedings – Advisor – definition – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter – Costs Costello v. Ontario (Securities Commission), [2004] O.J. No. 2972, Ontario Superior Court of Justice, July ...

The New Brunswick Court of Appeal held that the Court of Queen’s Bench did not have jurisdiction to hear and determine the Appellant’s application for a judicial review of a decision of the New Brunswick Board of Commissioners of Public Utilities, since the appellant was a “public utility” and its avenue of appeal was directly to the Court of Appeal. The limitation period had expired and the Board’s decision was beyond judicial review.

28. September 2004 0
Administrative law – Decisions of administrative tribunals – Board of Commissioners of Public Utilities – Judicial review application – Jurisdiction of court – Public utility – definition – Compliance with legislation – Limitations Cooperators General Insurance Co. v. New Brunswick (Board of Commissioners of Public Utilities), [2004] N.B.J. No. 289, New Brunswick Court of Appeal, July 22, 2004, ...

An appeal pursuant to section 40(8) of the Mineral Tenure Act was allowed as the court found that the Chief Gold Commissioner erred in finding that there had not been a good faith attempt by the Appellant to comply with the staking requirements of the Act with respect to his mining claim and the Appellant’s non-compliance did not have a tendency to mislead

27. July 2004 0
Administrative law – Natural resources – Mining leases – Gold Commissioner – Staking requirements – Judicial review – Administrative decisions – Appeals – Compliance with legislation Tyerman v. Kreft, [2004] B.C.J. No. 1016, British Columbia Supreme Court, May 19, 2004, E.R.A. Edwards J. The Appellant brought an appeal pursuant to section 40(8) of the Mineral Tenure ...

An adjudicator’s decision which confirmed a driving prohibition under the Motor Vehicle Act was set aside on the basis that the adjudicator erred in relying on a Report to Crown Counsel which did not form part of a sworn or affirmed report from a peace officer, as required by the Act

Administrative law – Motor vehicles – Suspension of driver’s licence – Adjudication – Decisions of administrative tribunals – Judicial review – Compliance with legislation – Procedural requirements and fairness Neill v. British Columbia (Superintendent of Motor Vehicles), [2004] B.C.J. No. 1197, British Columbia Supreme Court, June 10, 2004, Cullen J. The Petitioner sought a review of an ...

An appeal from a decision of the Discipline Committee of the Ontario College of Teachers was dismissed as the court found that the Committee’s decision was reasonable, it had jurisdiction to deal with discipline matters arising out of conduct which occurred before the College came into existence, and the delay involved did not amount to abuse of process

Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Decisions of administrative tribunals – College of Teachers – Judicial review – Compliance with legislation – Procedural requirements and fairness – Delay – Jurisdiction of tribunal Bhadauria v. Ontario College of Teachers, [2004] O.J. No. 2468, Ontario Superior Court of Justice, June 9, ...

The Quebec Human Rights Tribunal was entitled to assume jurisdiction over a complaint brought by a minority group composed primarily of younger and less experienced teachers who alleged that their union’s modification of a collective agreement with the Province of Quebec discriminated against them. The Tribunal was entitled to hear the complaint despite a provision in the Quebec Labour Code requiring that every grievance be submitted to arbitration.

Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction to hear a complaint – Labour law – Collective agreements – Mandatory arbitration – Jurisdiction of labour arbitrator to hear human rights complaint – Human rights complaints – Discrimination – Age – Charter of Rights – Judicial review – Jurisdiction of tribunal – Compliance with legislation – ...

The Petitioner, the Association of Professional Engineers and Geoscientists of British Columbia (the “APEGBC”) had standing to bring the Petition since the enabling legislation separated the investigative, prosecutorial and adjudicative functions of the APEGBC. The clear purpose of the Act was to establish the independence and impartiality of the three functions. The Petitioner was not seeking to recover judgment against itself; rather it was seeking a determination of the correctness of a ruling made by a statutorily created panel with distinct functions and responsibilities. However, the court could not conclude that the panel’s decision represented an error on the face of the record.

27. July 2004 0
Administrative law – Engineers – Governance – Functions of a self-governing body – Discipline committee decisions – Statutory provisions – Judicial review – Compliance with legislation – Remedies – Certiorari Assn. of Professional Engineers and Geoscientists of British Columbia v. Visser, [2004] B.C.J. No. 1053, British Columbia Supreme Court, May 25, 2004, Cullen J. The APEGBC sought, ...

An Indian (“Pogson”) within the meaning of the Indian Act successfully applied for a reference under s.74(1) of the Firearms Act (the “Act”) to overturn the decision of a delegate of the Chief Firearms Officer who had rejected her application for a licence to possess and acquire non restricted firearms.

Administrative law – Aboriginal issues – Firearms – licences – Infringement on Aboriginal rights – Decisions of administrative tribunals – Firearms Officer – Judicial review – Compliance with legislation – Procedural requirements and fairness – Evidence – Judicial notice Pogson v. Alberta (Chief Firearms Officer), [2004] A.J. No. 248, Alberta Provincial Court, March 1, 2004, Demetrick Prov. ...

Fryingpan, who was allegedly assaulted by a police officer, successfully applied to quash the decision of the Edmonton Police Commission (the “Commission”) to hold his complaint about the officer’s conduct in abeyance and for a direction that the complaint be reviewed pursuant to s.46(3) of the Police Act R.S.A. 2000,CP-17

Administrative law – Police – Police Complaint Commissioner – Procedural fairness – Judicial review – Bias – Compliance with legislation – Evidence – Standard of review – Correctness Fryingpan v. Edmonton (City) Police Commissions, [2004] A.J. No. 225, Alberta Court of Queen’s Bench, February 25, 2004, Murray J. In October 2002, Fryingpan’s mother filed a complaint ...

The Ontario Superior Court of Justice quashed decisions of the Ministry of Community, Family and Children’s Services (the “Ministry”) relating to applications for funding by parents of children with disabilities including Autism Spectrum Disorder. The court found that the process employed by the Ministry to consider the proposals at issue fell short of the procedural fairness mandated by law.

Administrative law – Government – Funding of programs – Judicial review – Compliance with legislation – Procedural requirements and fairness – Failure to provide reasons Nieberg (Litigation guardian of) v. Ontario (Minister of Community Family and Children’s Services), [2004] O.J. No. 1135, Ontario Superior Court of Justice, March 18, 2004, Benotto, Dunn and McCombs JJ. Jared ...