The Appeal by Heynen and his outfitter corporation Kusawa from an order dismissing Heynen’s application to quash a 2002 decision by the Minister of Renewable Resources revoking Heynen’s outfitting concession was allowed where the Court held that the trial judge erred in dismissing the action for delay in circumstances where Heynen was attempting to negotiate settlement of the claim with elected officials during the period of delay

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Permits and licences – Revocation – Judicial review – Delay – Limitations – Remedies – Certiorari Heynen v. Yukon Territory, [2008] Y.J. No. 68, Yukon Territory Court of Appeal, October 6, 2008, M.N. Newbury, M.E. Saunders and E.C. Chiasson JJ.A. Heynen and Kusawa had ...

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 Court held that the application of the Applicant actuary was premature. The Applicant was subject to disciplinary proceedings by the Respondent self-governing professional association and brought an application to stay the proceedings for inordinate delay. The Court held that the disciplinary process of the Respondent had to run its course before the Applicant could bring an application for judicial relief.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Canadian Institute of Actuaries – Actuaries – Disciplinary proceedings – Professional governance and discipline – Professional misconduct / conduct unbecoming – Judicial review application – Premature – Delay – Stay of proceedings – Jurisdiction of tribunal – Remedies – Alternative remedies A.D.M. v. Canadian Institute of Actuaries, ...

The Applicant applied for judicial review of a decision of the Ontario Human Rights Commission. The Complainant had filed a complaint against the Toronto Police Services Board and its chief with the Commission, alleging discrimination in the provision of services because of her race and colour. The Commission decided not to deal with the complaint because the crux of the complaint related to matters that occurred when criminal charges were laid against the Complainant, some fourteen months before she filed the complaint, and the Commission was not satisfied that the delay in filing the complaint was incurred in good faith. The Court dismissed her application for judicial review, finding that the Commission’s decision was reasonable, and that even if there had been any merit to the application for judicial review, it would have been denied because of the inordinate delay in bringing the application (18 months) and because there would have been no useful purpose served by granting the relief sought.

23. September 2008 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Race – Judicial review – Delay – Jurisdiction – Standard of review – Reasonableness simpliciter Jeremiah v Ontario (Human Rights Commission), [2008] O.J. No. 3013, Ontario Superior Court of Justice, July 11, 2008, L.K. Ferrier, R.W.M. Pitt ...

A decision of an appellate administrative tribunal, from which an unqualified right of appeal to an appellate court exists, on the issue of how long it should take a professional self-regulating disciplinary body to prosecute a disciplinary proceeding, is one which should be reviewed on a standard of reasonableness

26. August 2008 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Judicial review – Investigations – Delay – Standard of review – Reasonableness simpliciter – Privative clauses – Stay of proceedings Hennig v. Institute of Chartered Accountants of Alberta, [2008] A.J. No. 707, 2008 ABCA 241, Alberta Court ...

An appeal by Roeder from the dismissal of his action as an abuse of process was dismissed. There is no cause of action for breach of the rules of procedural fairness. The proper remedy for “process allegations” is judicial review.

24. July 2007 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Conflict of interest – Hearings – Disclosure – Delay – Procedural requirements and fairness – Judicial review – Abuse of process – Appeals – Remedies – Alternative remedies Roeder v. Lang Michener Lawrence & Shaw, [2007] B.C.J. No. 501, British Columbia Court of Appeal, March 14, ...

An appeal by Roeder from the dismissal of his action as an abuse of process was dismissed. There is no cause of action for breach of the rules of procedural fairness. The proper remedy for “process allegations” is judicial review.

24. July 2007 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Conflict of interest – Hearings – Disclosure – Delay – Procedural requirements and fairness – Judicial review – Abuse of process – Appeals – Remedies – Alternative remedies Roeder v. Lang Michener Lawrence & Shaw, [2007] B.C.J. No. 501, British Columbia Court of Appeal, March 14, ...

A woman who had alleged discrimination in her employment at British Columbia Court Services (“Solowan”) was unsuccessful in her Application for judicial review of a decision by the Human Rights Tribunal (the “Tribunal”) wherein the Tribunal concluded that it lacked jurisdiction to reopen her complaint, which had been dismissed in 1996 by the B.C. Council of Human Rights (the “Council”), a statutory predecessor of the Tribunal

24. July 2007 0
Administrative law – Human rights complaints – Discrimination – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction – Judicial review – Delay – Compliance with legislation – Standard of review – Correctness Solowan v. British Columbia (Attorney General), [2007] B.C.J. No 1167, British Columbia Supreme Court, May 31, 2007, C.L. Smith J. In 1995, Solowan ...

The appeal of the municipality from a decision of a motions judge who found that the doctrine of laches did not apply to an arbitration proceeding was allowed. While the motions judge was correct when he held that the statutory limitations of the Limitations of Actions Act applied to arbitrations under the Arbitration Act, he erred when he concluded that the equitable defence of laches did not apply when statutory limitations applied. The case was therefore remitted back to arbitrator for determination.

28. November 2006 0
Administrative law – Municipalities – Planning and zoning – Arbitration – Laches – Limitations – Judicial review – Delay – Jurisdiction – Standard of review – Correctness – Remedies Rivergate Properties Inc. v. West St. Paul (Rural Municipality), [2006] M.J. No. 281, Manitoba Court of Appeal, July 20, 2006, Scott C.J.M., Steel and Hamilton JJ.A. The parties were ...

The Nova Scotia Construction Safety Association (the “Association”) appealed from the decision of the Human Rights Commission awarding damages to an employee, Karen Davison (“Davison”), who successfully obtained an award for damages for incidents of sexual harassment during the course of her employment. The appeal was dismissed except that the Order of the Human Rights Board of Inquiry that exemplary damages should be awarded against the Association was overturned.

25. July 2006 0
Administrative law – Human rights complaints – Sexual harassment – Gender – Decisions of administrative tribunals – Human Rights Commission – Damages – Judicial review – Delay – Evidence – Procedural requirements and fairness – Abuse of process – test – Standard of review – Reasonableness simpliciter Nova Scotia Construction Safety Assn. v. Nova Scotia (Human Rights ...