The owners of a nightclub (“Tonic Bar”) sought judicial review of an adjudicator’s decision on penalty relating to admitted contraventions of the “occupant load” requirement imposed on Tonic Bar under the Liquor Control and Licensing Regulations. The court upheld the adjudicator’s decision to impose a suspension 50% longer than the minimum mandated by the Regulations where the evidence established that the Tonic Bar was “seriously in contravention” of the occupant load restrictions on at least three occasions.

28. December 2004 0
Administrative law – Decisions of administrative tribunals – Liquor Licensing Board – Judicial review – Compliance with legislation – Permits and licences – Suspensions 600428 B.C. Ltd. (c.o.b. Tonic Bar) v. British Columbia (Liquor Control and Licensing Branch, General Manager), [2004] B.C.J. No. 2291, British Columbia Supreme Court, November 2, 2004, Hutchison J. The Liquor Control and ...

The appeal of a decision of the discipline body of the Association of Professional Engineers of Nova Scotia was dismissed by the Supreme Court and on the subsequent appeal the Court held that the Supreme Court did not err in assessing the degree of proof required or in finding that any breaches of natural justice or procedural fairness were waived by the Appellant

28. December 2004 0
Administrative law – Engineers – Disciplinary proceedings – Professional misconduct – Penalties and suspensions – Decisions of administrative tribunals – Association of Professional Engineers – Judicial review – Procedural requirements and fairness – Bias – Natural justice Beaini v. Assn. of Professional Engineers of Nova Scotia, [2004] N.S.J. No. 383, Nova Scotia Court of Appeal, October 13, ...

A teacher (“Fox”) appealed from the decision of the BC College of Teachers (the “College”) to proceed with a formal inquiry where the complaint by the school board which instigated the report to the College was rescinded after a grievance. The court dismissed the appeal, holding that the provisions of the Teaching Professions Act, R.S.B.C. 1986, c. 449 (the “Act”) indicated that the legislature did not intend that the jurisdiction of the College would be ousted if a grievance procedure was successful.

28. December 2004 0
Administrative law – Teachers – Disciplinary proceedings – Decisions of administrative tribunals – College of Teachers – Judicial review – Jurisdiction of tribunal – Compliance with legislation – Statutory interpretation – Standard of review – Correctness Fox v. British Columbia College of Teachers, [2004] B.C.J. No. 2322, British Columbia Supreme Court, November 8, 2004, Ehrcke J. ...

Moore’s complaint under the Human Rights Act, R.S.N.S. 1989, c. 214 alleging discrimination by reason of race was dismissed by a Board of Inquiry constituted under the Act. The Board held that the fact that Moore’s employer had called her “kemosabe” did not establish harassment or discrimination where Moore could not prove that she had made known that this appellation was offensive to her. Moore’s appeal to the Court of Appeal was dismissed as the court concluded that the Board had not erred in the burden it placed upon Moore to prove her case.

28. December 2004 0
Administrative law – Human rights complaints – Discrimination – Race – Decisions of administrative tribunals – Human Rights – Burden of proof Nova Scotia (Human Rights Commission) v. Play It Again Sports Ltd., [2004] N.S.J. No. 403, Nova Scotia Court of Appeal, October 29, 2004, Glube C.J.N.S., Chipman and Hamilton JJ.A. Moore, a Mi’kmaq, had been ...

The petition of a psychiatrist (“Bartman”) seeking judicial review of a decision by the British Columbia Human Rights Tribunal (the “Tribunal”) was dismissed where the court found that the conclusion of the Tribunal that Bartman had sexually harassed the Complainant was reasonable and well supported on the evidence

23. November 2004 0
Administrative law – Human rights complaints – Sexual harassment – Decisions of administrative tribunals – Human Rights Commission – Interpretation of Evidence – Judicial review – Standard of review – Reasonableness simpliciter – Patent unreasonableness Bartman v. N.T., [2004] B.C.J. No. 1896, British Columbia Supreme Court, September 16, 2004, Holmes J. The Complainant was Bartman’s medical office assistant ...

The petition of the former registrar (“Wong”) of the College of Traditional Chinese Medicine Practitioners (the “College”) was dismissed where the court found that the decision of the governing board of the College (the “Board”) dismissing Wong was reasonable and that the requirements of procedural fairness were met in the process employed by the Board

23. November 2004 0
Administrative law – Employment law – Termination of employment – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Judicial review – Procedural requirements and fairness – Compliance with legislation Wong v. College of Traditional Chinese Medicine Practitioners, [2004] B.C.J. No. 1906, British Columbia Supreme Court, September 17, 2004, Boyd J. The College is ...

The Winnipeg Free Press (the “Free Press”) successfully challenged the decision of an arbitrator denying public access to the hearing of a grievance filed by officers of the Winnipeg police service (“WPS”). The court found that there was no evidentiary foundation for the arbitrator’s conclusion that “informant evidence” would form an integral part of the hearing and, therefore, the arbitrator had exceeded his jurisdiction by ordering that the hearing be held in camera.

23. November 2004 0
Administrative law – Police – Labour law – Arbitration – Hearings – Conduct of hearings – In camera hearings – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter – Decisions of administrative tribunals – Arbitration Board – Jurisdiction – Public interest Winnipeg Free Press v. Winnipeg (City), [2004] M.J. ...

The British Columbia Court of Appeal allowed the appeal of an employer (“BC Hydro”) and reinstated the decision of the Human Rights Commission (“HRC”) dismissing, at a preliminary stage, the complaint of an employee (“Lee”). The court held that the reviewing judge erred in failing to give due deference to the HRC by substituting her view of the evidence for the view of the HRC.

23. November 2004 0
Administrative law – Employment law – Appointment – Human rights complaints – Discrimination – Race – Decisions of administrative tribunals – Human Rights Commission – Evidenciary issues – Judicial review – Evidence Lee v. British Columbia (Attorney General), [2004] B.C.J. No. 1851, British Columbia Court of Appeal, September 10, 2004, Finch C.J.B.C., Prowse and Donald JJ.A. Lee is ...

The court set aside a decision of the Respondent to cancel a “final” certificate of inspection on the Applicant’s shipment of wheat after it had been shipped and sold on the basis of the inspection certificate. The Respondent had the regulatory power, which it had not exercised, to do what it had done, but the court could not give administrative practice the force of law by implying a power which the Respondent had failed to exercise by regulation.

23. November 2004 0
Administrative law – Decisions of administrative tribunals – Canadian Grain Commission – Certificate of inspection – Powers to cancel – Regulatory powers of tribunals – Functus officio – Limitations – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Correctness Saskatchewan Wheat Pool v. Canada (Canadian Grain Commission), [2004] F.C.J. No. 1568, Federal ...

The court held that the application judge had erred by applying a standard of correctness on review of an Acting Park Superintendent’s interpretation of a park management plan and by finding that the Applicant (Respondent on appeal) was denied procedural fairness in relation to its request for use of a private road located in a provincial park. At its highest, the applicable standard for review was reasonableness, and the Superintendent’s interpretation was not unreasonable.

23. November 2004 0
Administrative law – Decisions of administrative tribunals – Park Superintendent – Road access – Judicial review – Standard of review – Reasonableness simpliciter – Procedural requirements and fairness 2016596 Ontario Inc. v. Ontario (Minister of Natural Resources), [2004] O.J. No. 3922, Ontario Court of Appeal, September 28, 2004, Simmons and Armstrong JJ.A. and Lane J. (ad ...