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 ...

The Court refused the applicant’s leave to appeal the Respondent Commission’s interlocutory ruling and the Commission was entitled to proceed against the Applicant, notwithstanding that the CDNX exchange had imposed penalties on him in respect of the same underlying conduct. The Applicant’s other grounds of appeal were deemed premature, as the Court lacked a factual basis for granting appeal.

27. June 2006 0
Administrative law – Stock brokers – Disciplinary proceedings – Hearings – Stay of proceedings – Decisions of administrative tribunals – Securities Commission – Delay – Abuse of process – Judicial review – Appeals and leave to appeal – Jurisdiction Smolensky v. British Columbia (Securities Commission), [2006] B.C.J. No. 727, British Columbia Court of Appeal, March 24 2006, ...

A sergeant of the Regina Police Force (“Watson”) was successful in obtaining an order quashing a disciplinary decision on the basis that there was inordinate delay by the Saskatchewan Police Commission (the “Commission”) in responding to Watson’s request for permission to appeal the decision

23. August 2005 0
Administrative law – Police – Disciplinary proceedings – Decisions of administrative tribunals – Police Commission – Hearings – Appeals – Unreasonable delay – Test – Judicial review – Natural justice – Delay – Privative clauses Watson v. Saskatchewan (Police Commission), [2005] S.J. No. 407, Saskatchewan Court of Queen’s Bench, June 16, 2005, Hunter J. On December 18, 1999, ...

Applying a standard of reasonableness, the Court of Appeal upheld the decision of the B.C. Securities Commission dismissing the Appellant’s application under section 171 of the British Columbia Securities Act due to unjustified delay

24. May 2005 0
Administrative law – Stock brokers – Disciplinary proceedings – Penalties – Decisions of administrative tribunals – Securities Commission – Conflict of interest – Judicial review – Delay – Standard of review – Reasonableness simpliciter Roeder v. British Columbia (Securities Commission), [2005] B.C.J. No. 693, British Columbia Court of Appeal, April 4, 2005, Huddart, Saunders and Oppal JJ.A. ...

An appeal from a decision of the Discipline Committee of the Ontario College of Teachers was dismissed as the court found that the Committee’s decision was reasonable, it had jurisdiction to deal with discipline matters arising out of conduct which occurred before the College came into existence, and the delay involved did not amount to abuse of process

27. July 2004 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Decisions of administrative tribunals – College of Teachers – Judicial review – Compliance with legislation – Procedural requirements and fairness – Delay – Jurisdiction of tribunal Bhadauria v. Ontario College of Teachers, [2004] O.J. No. 2468, Ontario Superior Court of Justice, June 9, ...

Loblaws Supermarkets Ltd. (“Loblaws”) brought an application for a judicial review seeking an Order in the nature of prohibition preventing the Coroner from proceeding with an inquest into the death of Patrick Shand Jr. on the basis of unreasonable delay in commencing the inquest. The court dismissed the application, holding that Loblaws had not established that it would suffer significant prejudice if the hearing proceeded and that the delay was not inordinate and did not constitute an abuse of process.

27. April 2004 0
Administrative law – Coroner’s inquest – Judicial review – Administrative tribunals – Delay – Stay of proceedings – Hearings – Unreasonable delay – Test Loblaws Supermarkets Ltd. v. Shand Inquest (Coroner of), [2004] O.J. No. 619, Ontario Superior Court of Justice, February 16, 2004, Swinton J. Patrick Shand Jr. died on September 14, 1999 while involved in ...

Ewachniuk appealed a decision of a hearing panel of the Respondent Law Society of British Columbia that had found him guilty of professional misconduct in “attempting to intimidate” and in “actually intimidating” two witnesses from giving evidence at trial and in requesting Crown counsel lay charges against the same witnesses “for the purpose of preventing them from coming to Canada to give evidence in court”. The hearing panel further found that Ewachniuk must be disbarred as a result of misconduct and ordered him to pay the costs of the hearing. All grounds of appeal were dismissed.

22. July 2003 0
Administrative law – Judicial review – Administrative decisions – Standard of review – Unreasonableness – Delay – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Penalties – Disbarment – Costs Ewachniuk v. Law Society of British Columbia, [2003] B.C.J. No. 823, British Columbia Court of Appeal, April 15, 2003, Newbury, Huddart and Saunders JJ.A. A ...

Documents, specifically expert reports, created in the course of an investigation of a complaint of professional misconduct by the College of Physicians and Surgeons (the “College”) were exempt from disclosure under the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c.165 (the “Act”), because they were “advice or recommendations developed … for a public body”, and exempt pursuant to section 13 of the Act. The documents were not exempt from disclosure on the grounds they were subject to solicitor-client privilege.

25. February 2003 0
Administrative law – Freedom of information and protection of privacy – Disclosure – Public body – Definition – Solicitor-client privilege – Boards and tribunals – Expert reports – Legal advice privilege – Litigation privilege – Physicians and surgeons – Disciplinary proceedings – Delay College of Physicians of British Columbia v. British Columbia (Information and Privacy Commissioner), [2002] B.C.J. No. 2779, ...

The Health Professions Appeal Board (the “Board”) conceded it had exceeded its jurisdiction by making findings of gross criminal misconduct against a physician and relying on materials which were never disclosed to the physician or his counsel. The Board agreed that its decision should be quashed but submitted that the matter should be remitted back for a new review before a differently constituted panel of the Board. The Court of Appeal refused to remit the matter back to the Board, and found that there were exceptional circumstances (the interest of the public in the matter was remote and the delay was serious) which warranted the exercise of its discretion to refuse to remit.

25. February 2003 0
Administrative law – Decisions of administrative tribunals – Discretion of court – Judicial review – Jurisdiction of court – Tribunal decisions – Physicians and surgeons – Disciplinary proceedings – Evidence – Delay – Public interest Rathé v. Ontario (Health Professions Appeal and Review Board), [2002] O.J. No. 4787, Ontario Superior Court of Justice, December 6, 2002, Blair, ...