The Province of Ontario (“Ontario”) was partly successful on appeal of a motion judge’s order to stay its Superior Court application on the ground that an arbitration process ought to have been followed in a dispute with Imperial Tobacco (“Imperial”) regarding the scope and effect of a release Ontario provided as a term of settlement of a civil claim against Imperial

27. September 2011 0
Administrative law – Arbitration – Scope of arbitration agreement – Arbitrators – Jurisdiction – Class proceedings – Settlements – Releases – Judicial review – Stay of proceedings – Parties – Remedies – Declaratory relief Ontario v. Imperial Tobacco Canada Ltd., [2011] O.J. No. 3392, 2011 ONCA 525, Ontario Court of Appeal, July 20, 2011, S.T. ...

The Court dismissed an application for a declaration that a complaint received by the Institute of Chartered Accountants (the “Institute”) related to matters outside of its jurisdiction on the grounds that allowing judicial review at this stage would amount to a collateral attack on the discipline hearing decision. As well, there was inordinate delay which was the fault of the applicant. In the intervening 6 year period between the time the application was commenced and set down for hearing, the applicant had fully participated in a discipline hearing where he was found guilty of unprofessional conduct and unsuccessfully appealed the Discipline Tribunal’s decision.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Investigations – Judicial review – Delay – Jurisdiction – Remedies – Self-governing professions – Declaratory relief Curda v. Institute of Chartered Accountants of Alberta, [2008] A.J. No. 800, 2008 ABQB 443, ...

The Minister of Health Planning was successful in overturning a portion of the remedy aspect of a decision of the British Columbia Human Rights Tribunal directing the Minister to amend the birth registration form to provide an option of identifying as a parent, a non-biological parent who is the co-parent of a mother or a father. The court found that the Human Rights Tribunal was within its jurisdiction to Order that the Minister cease discriminating against same gender parents but exceeded its jurisdiction in directing that the Minister take specific steps with respect to altering the birth registration form.

23. September 2003 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction – Remedies – Declaratory relief – Human rights complaints – Discrimination – Sexual orientation – Gender – Parent – definition – Judicial review – Standard of review – Correctness British Columbia (Minister of Health Planning) v. British Columbia (Human Rights Tribunal), [2003] B.C.J. No. 17552, British ...