The Alberta Court of Appeal held that there is no human rights defence to a professional who steals narcotics and forges related records, notwithstanding that the professional has a narcotic dependency

23. October 2012 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Nurses – Disciplinary proceedings – Professional misconduct / conduct unbecoming –  Addiction –  Penalties and suspensions – Human rights complaints – Discrimination – Judicial review –  Evidence Wright v. College and Assn. of Registered Nurses of Alberta (Appeals Committee), [2012] A.J. No. 943, ...

The suspension of a physician’s license by its regulatory body, based on a single complaint from a patient and a collection of innuendo and hearsay from colleagues, was quashed. The suspension was not justified as physician was given no notice or opportunity to be heard.

23. October 2012 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Public interest – Penalties and suspensions – Judicial review – Procedural requirements and fairness – Notice of complaint Youssef v. College of Physicians and Surgeons of New Brunswick, [2012] N.B.J. No. 289, 2012 NBQB ...

The Court of Appeal held that the College’s failure to provide sufficient notice to a registrant regarding a complaint against him did not constitute a breach of procedural fairness as the College’s duty is only invoked once an inquiry lawfully begins. Further, there were no exceptional circumstances which justified a judicial review while the registrant had an alternate, statutory remedy which he declined to exercise.

25. September 2012 0
Administrative law – Decisions of administrative tribunals – College of Massage Therapists – Massage Therapists – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Investigations – Judicial review – Availability – Jurisdiction – Compliance with legislation – Natural justice – Procedural requirements and fairness – Notice requirements – Appeals – Remedies – Alternative remedies ...

The Applicant, Ms. Fitzpatrick, a physiotherapist, was disciplined by the Discipline Committee of the Respondent, Alberta College of Physical Therapists. Ms. Fitzpatrick unsuccessfully appealed the Discipline Committee’s decision to the Council of the College. Ms. Fitzpatrick then succeeded, in part, in appealing the Council’s decision to the Alberta Court of Appeal.

28. August 2012 0
Administrative law – Decisions of administrative tribunals – College of Physical Therapists – Physical Therapists – Disciplinary proceedings – Penalties and suspensions – Judicial review – Evidence – Standard of proof – Failure to provide reasons Fitzpatrick v. Alberta College of Physical Therapists, [2012] A.J. No. 680, 2012 ABCA 207, Alberta Court of Appeal, June ...

This was a judicial review of a decision of the Law Society of Newfoundland and Labrador not to refer an allegation of collusion between the presiding judge and a member of the Law Society to a disciplinary panel for hearing. The Supreme Court dismissed plaintiff’s allegation that he received unfavourable results in a matrimonial dispute due to collusion stating that Committee had acted reasonably in rejecting the complaint.

24. July 2012 0
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Barristers and solicitors – Professional misconduct – Disciplinary proceedings – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Aylward v. Law Society of Newfoundland and Labrador, [2012] N.J. No. 194, 2012 NLTD(G) 85, Newfoundland and Labrador Supreme ...

The Court of Appeal dismissed the Institute of Chartered Accountants appeal from an Appeal Tribunal’s decision ordering a stay of proceedings based on an abuse of process. The Appellant’s investigator had received information relevant to the complaint against the respondent from various sources, which was sent to an email address which the investigator’s wife had access to. On that basis the Appeal Tribunal concluded that the investigator had disclosed confidential information without the respondent’s consent contrary to the Regulated Accounting Profession Act.

Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Judicial review – Stay of proceedings – Abuse of process – Investigations – Disclosure of third party records – Jurisdiction Clark v. Alberta (Institute of Chartered Accountants, Complaints Inquiry Committee), [2012] A.J. No. 505, 2012 ABCA 152, ...

The staff of the Securities Commission appealed an order directing them to answer a discovery question. The appeal was allowed and the matter was remitted to the Commission. The dispute was a matter falling squarely within the regulatory mandate and expertise of the Commission.

Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Practice and procedure – Examination for discovery – Judicial review – Legislative compliance – Jurisdiction of court – Privilege and immunity – Evidence  – Disclosure – Relevance of information disclosed Nova Scotia (Securities Commission) v. Potter, [2012] N.S.J. ...

The Supreme Court of Canada upheld the reprimand of a lawyer who had written an inflammatory letter to a judge, despite the acknowledged limitation such a sanction placed on his expressive rights under the Charter.

Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Human rights complaints – Charter of Rights and Freedoms – Freedom of expression – Validity of legislation – Judicial review – Jurisdiction – Standard of review –  Reasonableness simpliciter –  Correctness Doré v. Barreau ...

The Ontario Health Professions Appeal and Review Board (“HPARB”) acted unreasonably in its decision to review a decision in respect of multiple physician registrants listed, even though the complainant had withdrawn her review request against all but one of the registrants

24. April 2012 0
Administrative law – Decisions of administrative tribunals – Health Professions Appeal and Review Board – Complaint – Multiple registrants – Physicians and surgeons – Disciplinary proceedings – Statutory provisions – Compliance with legislation – Public interest – Judicial review – Jurisdiction – Standard of review – Reasonableness simpliciter Wilcock v. Ontario (Health Professions Appeal and ...

The Appellant funeral director unsuccessfully appealed a decision of the Respondent Board’s License Appeal Tribunal (LAT). The LAT had decided to revoke the Appellant’s funeral director license.

Administrative Law – Decisions of administrative tribunals – Funeral Services – License Appeal Tribunal – Funeral directors – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties – Judicial review –  Bias – Jurisdiction – Standard of review – Reasonableness simpliciter Johal v. Ontario (Board of Funeral Services), [2011] O.J. No. 6226, 2011 ONSC 7525, ...