Sanctions were imposed on a chiropractor by the chiropractor’s Newfoundland and Labrador Chiropractic Board (the “Board”). The Newfoundland and Labrador Supreme Court allowed the chiropractor’s appeal on the basis that the Board did not comply with its duty to give reasons for its decision. The complaint was remitted back to the Board for consideration.

Administrative law – Decisions of administrative tribunals – Chiropractic Board – Chiropractors – Disciplinary proceedings – Penalties and suspensions – Judicial review – Natural justice – Procedural requirements and fairness – Failure to provide reasons – Costs MacAllister v. Newfoundland and Labrador Chiropractic Board, [2011] N.J. No. 205, 2011 NLTD(G) 85, Newfoundland and Labrador Supreme ...

Dr. Marvin Sazant (“Dr. Sazant”) was unsuccessful on appeal from an interim and final decisions of the Discipline Committee of the College of Physicians and Surgeons of Ontario (“the College”) that had revoked his licence to practice medicine, and ordered costs against him for professional misconduct arising out of historical sexual conduct with three young males

29. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Powers of investigator – Physicians and surgeons – Disciplinary proceedings – Sexual relations with patients – Penalties – Charter of Rights and Freedoms – Search and seizure – Remedies – Charter relief – Availability – Legislation – Ultra vires ...

A landowner appealed a ruling that set aside a decision to award the landowner costs incurred in arbitration proceedings and a related action that was in regard to a single claim for compensation in respect to a single expropriation matter. The Supreme Court of Canada allowed the appeal.

Administrative law – Decisions of administrative tribunals – Arbitration Board – Expropriation – Judicial review – Compliance with legislation – Costs – Standard of review – Reasonableness simpliciter Smith v. Alliance Pipeline Ltd., [2011] S.C.J. No. 7, 2011 SCC 7, Supreme Court of Canada, February 11, 2011, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, ...

An employer (“Taiga Works”) was unsuccessful in an attempt to be awarded costs of an appeal from a decision of the Director of Employment Standards’ delegate to the Employment Standards Tribunal

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Employment Standards Branch – Investigations – Costs – Employment law – Judicial review – Natural justice – Procedural requirements and fairness Taiga Works Wilderness Equipment Ltd. v. British Columbia (Director of Employment Standards), [2010] B.C.J. No. 2198, 2010 BCCA 364, British Columbia Court of Appeal, July 30, ...

A physician (“Dr. Visconti”) succeeded in having some findings of professional misconduct dismissed and penalties for his remaining misconduct remitted back to the Council of the College of Physicians and Surgeons of Alberta (“the Council”) on appeal under s. 68 of the Medical Profession Act, R.S.A. 2000 c. M-11 (“MPA”)

29. September 2010 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Competence – Penalties and suspensions – Public interest – Policies – Notice requirements – Judicial review – Evidence – Natural justice – Procedural requirements and fairness ...

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.

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 ...

A municipal Board of Directors, such as the Cariboo Regional District Board of Directors, has jurisdiction to govern the conduct of its directors and discipline their misconduct. In inquiring into alleged misconduct by and disciplining one of its members for misconduct, the board has a duty to afford procedural fairness to the member in question. Where complaints are made against the member which the board intended to consider in potentially sanctioning the member’s conduct, the member is entitled to proper notice. Proper notice in these circumstances must convey some precision and be capable of appreciation by the recipient such that he or she is aware of what specific alleged misconduct will be considered and sanctions sought by the board. The person has to be given specifics of the complaints that might permit a reasoned and structured response. He or she should be given a reasonable opportunity to consult with counsel, study and respond to the allegations. Where a municipal board acts with a complete disregard for fair process in disciplining one of its members, special costs may be awarded on an application by the member for a judicial review of the board’s decision..

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Regional Districts – Board of Directors – Discipline of directors – Hearings – Conduct of hearings – Notice – Fairness – Costs – Judicial review – Jurisdiction – Procedural requirements and fairness – Disclosure Barnett v. Cariboo (Regional District), [2009] B.C.J. No. 713, British ...

The City of Hamilton was successful in its motion to quash two applications for judicial review concerning the termination of three former employees where the court held that the public employees were governed by contract law and contract law displaced public law as the more appropriate forum in which the employees were required to seek a remedy, as per Dunsmuir v. New Brunswick [2008] S.C.J. No. 9

24. February 2009 0
Administrative law – Employment law – Termination of employment – Parallel action – Wrongful dismissal – Public law vs. Contract law – Judicial review application – Striking out – Compliance with legislation – Procedural requirements and fairness – Costs Redmond v. Hamilton (City), [2008] O.J. No. 5233, Ontario Superior Court of Justice, December 17, 2008, ...

The Court dismissed an application for judicial review of a decision of the British Columbia Utilities Commission, denying them costs for their participation in regulatory proceedings involving B.C. Hydro and Power Authority. The Commission’s decision to deny costs, finding that the Appellants lacked a substantial interest in the proceedings and failed to show that they were impacted by the outcome of the proceedings, was not patently unreasonable.

Administrative law – Decisions of administrative tribunals – Utilities Commission – Judicial review – Costs – Procedural requirements and fairness – Natural justice – Standard of review – Patent unreasonableness Sierra Club of Canada (British Columbia) v. British Columbia (Utilities Commission), [2008] B.C.J. No. 402, British Columbia Court of Appeal, March 7, 2008, R.T.A. Low, ...

An application for judicial review of an Arbitrator’s decision which held that a police officer was entitled to indemnification under the collective agreement for legal costs incurred in defending a criminal charge despite having pled guilty to a charge of insubordination. The Court held that breach of a rule or directive does not automatically lead to the conclusion that the officer was not attempting to perform his police duty in good faith. The application for judicial review was dismissed.

Administrative law – Decisions of administrative tribunals – Police Commission – Arbitration Board – Police – Criminal charges – Disciplinary proceedings – Judicial review – Applications – Costs – Legal fees Toronto Police Services Board v. Toronto Police Assn., [2007] O.J. No. 1948, Ontario Superior Court of Justice, Divisional Court, May 15, 2007, S.N. Lederman, K.E. ...