An employee (“Ramsay”) of the City of Charlottetown (the “City”) brought an application for judicial review of a decision of the PEI Human Rights Commission (the “Commission”) dismissing his complaint that he had been discriminated against based on his political beliefs and disability. The application was dismissed.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Duty to accommodate – Investigations – Judicial review – Procedural requirements and fairness – Witnesses – Standard of review – Reasonableness simpliciter Ramsay v. Prince Edward Island (Human Rights Commission), [2014] P.E.I.J. No. 41, 2014 ...

The Court declined the Petitioner’s application for a stay of execution against the set-off by the Respondent Ministry of Health against monies allegedly owed by the Petitioner to the Respondent. The Respondent had determined that the Petitioner owed it the sum of $260,000 as a result of an audit by the Ministry of Health, Audit and Investigations Branch, in respect of unsupported or disallowed claims that had been previously paid by the Respondent. The Petitioner filed a petition for judicial review of the decision set out in the Respondent’s final audit report, seeking an interim stay pending the hearing of the petition. As a preliminary matter, the Court noted it had the jurisdiction to issue a stay of execution but declined to do so as the Petitioner had not met the onus of showing it would suffer irreparable harm that could not be compensated in damages if the stay was not granted.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Pharmacists – Billing matters – PharmaCare Enrollment Agreement – Judicial review – Statutory powers – Jurisdiction – Stay of execution – Remedies – Injunctions Northburn Prescriptions Ltd. (c.o.b. Northburn Remedy’s RX) v. British Columbia, [2014] B.C.J. No. 2771, 2014 BCSC 2124, British Columbia Supreme ...

Enbridge Pipelines (“Enbridge”) applied to the National Energy (the “Board”) for approval of its pipeline expansion project. The Board granted approval on conditions, but the applicants sought judicial review of three interlocutory decisions made by the Board.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – National Energy Board – Natural resources – Oil and gas – Environmental matters – Charter of Rights and Freedoms – Freedom of expression – Participatory rights – Judicial review – Application to participate in hearing – Standing – Compliance with legislation Forest Ethics Advocacy Assn. v. Canada ...

An Applicant sought judicial review of a decision by the Complaints Committee of the Respondent Association of Professional Engineers of Ontario not to refer his complaint to its Discipline Committee. The Applicant further filed a motion for production of all documents related to the investigation of the Applicant’s complaint, the proceedings before the COC, and the decision of the COC. The Court dismissed the application for production, finding that the decision of the COC not to deal with a complaint was an exercise of discretion authorized by statute, falling outside of the definition of a statutory power of decision. Given the nature of the screening out decision, the requirement for producing the record of proceedings as framed by the Applicant was overly broad at this stage in the proceedings.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Professional misconduct – Investigations – Judicial review – Disclosure of records Harrison v. Assn. of Professional Engineers of Ontario, [2014] O.J. No. 5382, 2014 ONSC 6549, Ontario Superior Court of Justice, November 12, 2014, R. Beaudoin J. The Applicant ...

A lawyer (“Peet”) was found guilty of conduct unbecoming by a Hearing Committee of the Law Society of Saskatchewan (“Law Society”) for failing to service two clients in a diligent manner and for failing to reply promptly to Law Society communications. A suspension of 30 days and costs of $16,216.80 were issued as a penalty against Peet. Peet had previously been found guilty of disciplinary offences before the Law Society in 1999, 2002, 2004 and 2008.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Charter of Rights and Freedoms – Barristers and solicitors – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Judicial review – Abuse of process – Public interest – Delay – Standard of review – Reasonableness simpliciterr of Rights and ...

A decision to dismiss Requests for Hearing that had been outstanding for 15 years before the Health Services Appeal and Review Board (the “Board”) to determine whether the licence for an independent health facility ought to be amended to add back the ability to perform vascular ultrasounds, was upheld on a statutory appeal

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Health Professions Appeal and Review Board – Administrative courts – Statutory powers – Permits and licences – Judicial review – Abuse of process – Mootness – Delay – Standard of review – Reasonableness simpliciter B.S.A. Diagnostics Ltd. v. Ontario (Attorney General), [2014] O.J. No. 5035, 2014 ONSC ...

The Court allowed a petition brought by the College of Dental Surgeons of British Columbia. The College took issue with a decision of the Respondent, Health Professions Review Board relating to Dr. Ronald Scammell’s treatment for Ms. Patsy McConville.

25. November 2014 0
Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Investigations – Health Professions Review Board – Dentists – Disciplinary proceedings – Competence – Judicial review – Standard of review – Patent unreasonableness – Jurisdiction College of Dental Surgeons of British Columbia v. Health Professions Review Board, [2014] B.C.J. No. 2443, 2014 ...

The New Brunswick Court of Queen’s Bench dismissed the applicant physician’s judicial review application regarding a preliminary decision made by the College of Physicians and Surgeons. The Court declined to exercise its supervisory jurisdiction over the matter since it found that the complainant had adequate alternative remedies available to him under the Medical Act and failed to exhaust those before seeking judicial review. In respect of an evidentiary issue that was raised at the outset, the Court ruled that letters of complaint from patients underlying the proceedings between the College and the physician were inadmissible in the judicial review record because they were protected by privacy and privilege as per section 71.2(2) of the Medical Act.

25. November 2014 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation – Evidence – admissibility – Remedies – Alternative remedies Cockeram v. College of Physicians ...

The BC Court of Appeal dismissed the complainant’s appeal from virtually every aspect of the Human Rights Tribunal’s decision regarding his complaint against the Law Society, including the Tribunal’s award of costs to the Law Society after the complainant made serious and unfounded accusations against it throughout the proceedings, the Tribunal’s award for past wage loss and failure to make an award for future wage loss, and the Tribunal’s reliance on two cases regarding causation that were not cited by either party during submissions, one of which was not available at the time of the hearing

25. November 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights – Discrimination – Law Societies – Barristers and solicitors – Professional governance and discipline –  Admission to profession – Competence – Judicial review – Natural justice – Remedies – Damages Gichuru v. Law Society of British Columbia, [2014] B.C.J. No. 2552, ...

Appeal from judicial review decision finding Workers’ Compensation Board decision regarding employer’s reporting duties unreasonable

28. October 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Employer – definition – Employer’s duty to report accident – Third parties – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation British Columbia Hydro and Power Authority v. Workers’ Compensation Board of British Columbia, [2014] ...