The United Mexican States (“Mexico”) appealed the decision of the Ontario Superior Court of Justice upholding an award by a NAFTA arbitration tribunal which had found that Mexico had engaged in discriminatory conduct by granting tax rebates to domestic companies that were denied to a company engaged in a similar business owned by a U.S. citizen (“Karpa”). The Ontario Court of Appeal dismissed the appeal and held that the arbitration tribunal was entitled to a high degree of deference and Mexico had not shown any basis upon which to interfere with the arbitration award.

22. February 2005 0
Administrative law – Arbitration and award – Decisions of administrative tribunals – Arbitration Board – NAFTA – Tax rebates – Companies – Less favourable treatment – Discrimination – Judicial review – Procedural requirements and fairness – Disclosure United Mexican States v. Karpa, [2005] O.J. No. 16, Ontario Court of Appeal, January 11, 2005, D.H. Doherty, R.P. Armstrong ...

A physician (“Mussani”) found guilty of sexual abuse by the College of Physicians and Surgeons of Ontario (the “College”) challenged the constitutionality of the zero tolerance/mandatory revocation scheme governing discipline for specific acts of sexual conduct between health professionals and their patients under Ontario’s Health Professions Procedural Code (the “Code”). The Ontario Court of Appeal dismissed the appeal and upheld the Mandatory Revocation Provisions of the Code.

22. February 2005 0
Administrative law – Decisions of administrative tribunals – Judicial review – College of Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual acts – Penalties – Mandatory suspensions – Constitutionality – Charter of Rights – Application to disciplinary proceedings Mussani v. College of Physicians and Surgeons of Ontario, [2004] O.J. No. ...

A petition seeking an order quashing the decision of the Workers’ Compensation Appeal Tribunal (the “WCAT”) and a declaration that the petitioner was not a “worker” was dismissed by the Court as the Court found that the WCAT did not act beyond its jurisdiction and its decision was not patently unreasonable

25. January 2005 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Validity and application of policies – Worker – definition – Statutory provisions – Jurisdiction – Judicial review – Standard of review – Patent unreasonableness Harris v. 149925 Canada Ltd., [2004] B.C.J. No. 2542, British Columbia Supreme Court, December 6, 2004, Boyd J. The petitioner sought ...

An application for judicial review pertaining to a decision made by the Commissioner of the Financial Consumer Agency of Canada was allowed as the Court found that the Commissioner breached the rules of natural justice as particularized in the Financial Consumer Agency of Canada Act

25. January 2005 0
Administrative law – Decisions of administrative tribunals – Financial Consumer Agency – Natural justice – Judicial review – Procedural requirements and fairness – Compliance with legislation MBNA Canada Bank v. Canada (Financial Consumer Agency), [2004] F.C.J. No. 2037, Federal Court of Appeal, November 26, 2004, Von Finckenstein J. The appellant, MBNA Canada Bank (“MBNA”), was an issuer ...

The decision of a delegate of the Information and Privacy Commissioner for British Columbia which ordered the British Columbia Archives to process a request made pursuant to the Freedom of Information and Protection of Privacy Act for production of the incomplete draft report of the Smith Commission of Inquiry into the affairs of the Nanaimo Commonwealth Holding Society was quashed by the Court as the Court held that the report was a draft decision of a person acting in a judicial or quasi-judicial capacity and was therefore immune from production by virtue of section 3(1)(b) of the Act

25. January 2005 0
Administrative law – Freedom of information and protection of privacy – Disclosure of draft report – Immunity of person acting in quasi-judicial capacity – Decisions of administrative tribunals – Privacy commissioner – Judicial review – Standard of review – Correctness – Compliance with legislation British Columbia (Attorney General) v. British Columbia (Information and Privacy Commissioner), [2004] B.C.J. ...

The appeal from a decision which found the appellant guilty of professional misconduct in relation to allegations of inappropriate sexual activity with a student was dismissed as there was evidence before the Panel to support the conclusion that the appellant had engaged in such activity

25. January 2005 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Standard of review – Reasonableness simpliciter – Evidence – Witnesses X. v. British Columbia College of Teachers, [2004] B.C.J. No. 2528, British Columbia Supreme Court, December 3, 2004, Cole J. The ...

The Court dismissed the Province’s application for an order to stay part of the British Columbia Human Rights Tribunal’s order requiring payment to the Respondents, pending a decision of the Court on judicial review

25. January 2005 0
Administrative law – Human rights complaints – Discrimination – Disability – Family members as care givers – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review application – Stay of proceedings – Test British Columbia v. Hutchinson, [2004] B.C.J. No. 2434, British Columbia Supreme Court, November 24, 2004, Ralph J. The British Columbia Human Rights ...

A decision made by a Panel of the College of Dental Surgeons of British Columbia was remitted back to the Panel for reconsideration and determination of the appropriate penalty after the Court held that it was inappropriate for the Panel to decide, in the face of submissions from both parties that the appropriate penalty was suspension and cancellation of the member’s registration as a dentist in British Columbia

25. January 2005 0
Administrative law – Dentists – Disciplinary proceedings – Penalties – Decisions of administrative tribunals – College of Dental Surgeons – Judicial review – Natural justice – Procedural requirements and fairness Gavrilko v. College of Dental Surgeons of British Columbia, [2004] B.C.J. No. 2437, British Columbia Supreme Court, November 24, 2004, Williamson J. The Appellant dentist appealed the ...

The Court held that the Workers’ Compensation Board (“WCB”) was not entitled to withhold payment of a 1989 continuing award because of the worker’s 1991 receipt of settlement funds from his employer

25. January 2005 0
Administrative law – Workers compensation – Benefits – Statutory provisions – Statutory interpretation – Damages – Settlement monies from other jurisdictions – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Jurisdiction – Compliance with legislation – Standard of review – Correctness Dipersio v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2004] N.S.J. No. 442, Nova ...

The Court allowed an appeal of a judicial review application concerning a decision of the Chairperson of the P.E.I. Human Rights Commission to affirm the Commission’s dismissal of the Applicant’s human rights complaint. The Court ordered the Chairperson of the Commission to appoint a Human Rights Panel to deal with the Appellant’s complaint.

25. January 2005 0
Administrative law – Judicial review application – Standard of review – Reasonableness simpliciter – Decisions of administrative tribunals – Human Rights Commission executive director powers – Human Rights complaints – Discrimination Ayangma v. Prince Edward Island (Human Rights Commission), [2004] P.E.I.J. No. 84, Prince Edward Island Supreme Court – Appeal Division, November 12, 2004, Mitchell C.J.P.E.I., ...