Lack of procedural fairness by an administrative tribunal resulted in the British Columbia Supreme Court referring the matter back to the administrative tribunal on an expedited basis with the registrant member having the opportunity to make submissions on conditions, versus suspension

Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Inquiry committee decisions – Dentists – Disciplinary proceedings – Penalties and suspensions – Judicial review – Procedural requirements and fairness – Notice – Failure to provide reasons – Confidentiality Stelmaschuk v. College of Dental Surgeons of British Columbia, [2011] B.C.J. No. 750, ...

The Court quashed a Tribunal decision finding that a representative of the Downtown Vancouver Business Improvement Association (“DVBIA”) had breached confidentiality by making statements to the media after a settlement meeting

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Practice and procedure – Settlement offers – Confidentiality – Human rights complaints – Discrimination – Judicial review – Privileged communications –  Evidence – Disclosure – Mootness – Standard of review – Correctness Downtown Vancouver Business Improvement Assn. v. Pivot Legal Society, [2010] B.C.J. No. ...

The Court of Appeal granted the Respondent College’s application to seal the appeal book in order to protect the privacy interests of the Appellant’s patients. The Court of Appeal also granted the Respondent College’s application for a publication ban on the names of the patients and their family members that were identified during the hearing of the appeal. The privacy interests in this case outweighed the negative effects of the sealing order and publication ban.

27. January 2009 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Professional governance and discipline – Publication ban – Judicial review – Disclosure of third party records – Medical records – Confidentiality – Freedom of information and protection of privacy – Public interest Osif v. College of Physicians and Surgeons of Nova ...

WCB was required to disclose to a newspaper, the Halifax Herald Ltd., names of the 25 employers with highest employee injury incidence and answer related questions. While such disclosure would reveal labour relations information, it would not reveal information supplied by the employers, or if it did, the information was not information supplied in confidence. Disclosure could not reasonably be expected to significantly harm the employers’ competitive position or result in similar information no longer being supplied to the WCB. The disclosure of employers’ names would not constitute an unreasonable invasion of privacy of the injured workers and was, in all the circumstances, in the public interest.

23. December 2008 0
Administrative law – Workers Compensation Board – Disclosure of third party records – Confidentiality – Freedom of information and protection of privacy – Invasion of personal privacy – Personal information – definition – Judicial review – Disclosure – Compliance with legislation – Public interest Halifax Herald Ltd. v. Nova Scotia (Workers’ Compensation Board), [2008] N.S.J. ...