The Court of Appeal dismissed the Appellant’s appeal from a decision of the College of Physicians and Surgeons which imposed a global penalty on the Appellant for 31 counts of professional misconduct

27. March 2012 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Billing matters – Records – Penalties – Judicial review – Evidence Visconti v. College of Physicians and Surgeons of Alberta, [2012] A.J. No. 123, 2012 ABCA 46, Alberta ...

Although the Inquiries Complaints and Reports Committee of the College of Nurses of Ontario (the “ICRC”) is a screening committee and not a quasi-judicial one, it still owed a disclosure obligation to the applicant member of the College, a registered nurse, which required it to provide the applicant with notice of the Registrar’s report of its investigation, notice of the substance of the allegations against her and an opportunity to make submissions in respect of the allegations. In this case, the College agreed that the decision of the ICRC should be quashed and the matter remitted to a differently constituted panel of the ICRC for fresh determination, with directions that the applicant be allowed to make submissions in respect of seven witness statements.

25. January 2012 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Investigations – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Quasi-judicial tribunals – Disclosure – Evidence – Witnesses – Procedural requirements and fairness – Jurisdiction Ajao v. College of Nurses of Ontario, [2011] O.J. No. 5280, 2011 ...

A pharmacist (“Farbeh”) appealed the findings of the disciplinary panel (“Panel”) of the College of Pharmacists of British Columbia (“College”) and was successful in having the decisions in three out of five counts reversed

25. January 2012 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Disciplinary proceedings – Competence – Billing matters – Professional misconduct / conduct unbecoming – Penalties and suspensions – Judicial review – Right to legal counsel – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Farbeh v. College of ...

The respondent registrant appealed a College decision to the Health Professions Appeal Review Board (“HPARB”) and made a complaint to the Ontario Human Rights Commission about the College’s decision. The HPARB upheld the College’s decision and the College then applied to the Ontario Human Rights Tribunal to have her complaint dismissed. The Tribunal refused to dismiss it and the College applied for judicial review and obtained an order quashing the Tribunal’s decision.

27. December 2011 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Human Rights Tribunal – Nurses – Disciplinary proceedings – Public interest – Human rights complaints – Discrimination – Disability – Duty to accommodate – Judicial review – Appeals – Investigations – Standard of review – Correctness – Compliance with legislation – Privative clauses ...

The Appellant Chief of Police successfully appealed the Respondent Law Enforcement Review Board’s decision that it had jurisdiction to review the Chief of Police’s decision to take no further action in respect of a complaint

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Police Commission – Law Enforcement Review Board – Jurisdiction – Police – Disciplinary proceedings – Judicial review – Investigations – Standard of review – Correctness – Compliance with legislation Edmonton Police Service v Alberta (Law Enforcement Review Board), [2011] A.J. No. 1117, 2011 ABCA 288, Alberta Court of ...

The Court of Appeal remitted the matter back to the BC Securities Commission after it failed to provide an explanation for why its decision to limit the appellant’s ability to trade securities was in the best interests of the public

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Penalties – Public interest – Judicial review – Compliance with legislation – Standard of review – Correctness – Failure to provide reasons – Limitations McLean v. British Columbia (Securities Commission), [2011] B.C.J. No. 2124, 2011 BCCA 455, British Columbia ...

A judicial review application brought on by a physician was dismissed by the Ontario Superior Court as it declined to intervene during the course of the administrative proceeding

22. November 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Jurisdiction – Investigations – Physicians and surgeons – Competence – Disciplinary proceedings – Judicial review application – Premature – Independent legal counsel – Bias Rudinskas v. College of Physicians and Surgeons of Ontario, [2011] O.J. No. 4714, Ontario Superior Court of ...

The Law Enforcement Review Board erred in considering only a partial record in setting aside the Chief of Police’s dismissal of a complaint of misconduct against a police officer and directing the Chief to hold a hearing. The decision was reviewed on a reasonableness standard. Given the inordinate delay, the Court declined to remit the matter back to the Board for further consideration.

25. October 2011 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Hearings – Evidence – Judicial review – Delay – Standard of review – Reasonableness simpliciter Eltom v. Alberta (Law Enforcement Review Board), [2011] A.J. No. 1017, 2011 ABCA 260, Alberta Court ...

The Alberta Association of Architects (the “Association”)’s attempt to permanently enjoin Mr. Zul Boga (“Boga”) from practising architecture in future was found to be premature

27. September 2011 0
Administrative law – Decisions of administrative tribunals – Association of Architects – Architects – Disciplinary proceedings – Public interest – Competence – Training requirements – Remedies – Self-governing professions – Injunctions – Judicial review – Compliance with legislation Alberta Assn. of Architects v. Boga, [2011] A.J. No. 869, 2011 ABQB 482, Alberta Court of Queen’s ...

A certified management accountant (“Deen”), who had committed professional misconduct, succeeded in reducing a sanction imposed by an appeals tribunal (“Appeals Tribunal”) of the Complaints Inquiry Committee of the Certified Management Accountants of Alberta (“Complaints Inquiry Committee”)

27. September 2011 0
Administrative law – Decisions of administrative tribunals – Certified Management Accountants – Professional governance and discipline – Professional misconduct / conduct unbecoming – Conflict of interest – Disciplinary proceedings – Penalties and suspensions – Judicial review – Appeals – Evidence Deen v. Certified Management Accountants of Alberta (Complaints Inquiry Committee), [2011] A.J. No. 839, 2011 ...