The Appellant police officer, Mr. Spinks, successfully appealed the decision of the Law Enforcement Review Board, which had overturned a decision of the Superintendent of Police. The Superintendent had acquitted Mr. Spinks of Discreditable Conduct in relation to information he disclosed during a child abuse investigation.

26. July 2011 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Disclosure – Evidence – Failure to provide reasons Spinks v. Alberta (Law Enforcement Review Board), [2011] A.J. No. 593, 2011 ABCA 162, Alberta Court of Appeal, May 27, ...

Sanctions were imposed on a chiropractor by the chiropractor’s Newfoundland and Labrador Chiropractic Board (the “Board”). The Newfoundland and Labrador Supreme Court allowed the chiropractor’s appeal on the basis that the Board did not comply with its duty to give reasons for its decision. The complaint was remitted back to the Board for consideration.

26. July 2011 0
Administrative law – Decisions of administrative tribunals – Chiropractic Board – Chiropractors – Disciplinary proceedings – Penalties and suspensions – Judicial review – Natural justice – Procedural requirements and fairness – Failure to provide reasons – Costs MacAllister v. Newfoundland and Labrador Chiropractic Board, [2011] N.J. No. 205, 2011 NLTD(G) 85, Newfoundland and Labrador Supreme ...

An appeal by the B.C. Veterinary Medical Association (the “Association”), from an order quashing the decision of the Association’s disciplinary committee and council, was allowed. The B.C. Court of Appeal held that although tribunals normally have the capacity to adjudicate on issues of bias, if the issue is being heard before a different body then this amounts to an abuse of process and is a waste of resources.

26. July 2011 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Human rights – Discrimination – Veterinarians – Disciplinary proceedings – Judicial review – Abuse of process – test – Jurisdiction – Institutional bias Bajwa v. British Columbia Veterinary Medical Association, [2011] B.C.J. 1065, 2011 BCCA 265, British Columbia Court of Appeal, June 13, 2011, ...

A former teacher (“Headrick”) applied for judicial review of a decision of the Ontario College of Teachers (the “College”) which had referred his application for a Certificate of Qualification and Registration (“Certificate”) to the College’s Disciplinary Committee

24. May 2011 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Restoration of membership – Teachers – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Suspension – Public interest – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Correctness – Failure to provide reasons – ...

A teacher (“Aris”) succeeded in setting aside an interim suspension order issued by the Ontario College of Teachers (the “College”) which suspended his teacher’s certificate pending the resolution of a complaint. His judicial review application was granted

24. May 2011 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties – Judicial review – Compliance with legislation – Procedural requirements and fairness – Failure to provide reasons Aris v. Ontario College of Teachers, [2011] O.J. No. 1400, 2011 ONSC 1202, Ontario Superior ...

Lack of procedural fairness by an administrative tribunal resulted in the British Columbia Supreme Court referring the matter back to the administrative tribunal on an expedited basis with the registrant member having the opportunity to make submissions on conditions, versus suspension

24. May 2011 0
Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Inquiry committee decisions – Dentists – Disciplinary proceedings – Penalties and suspensions – Judicial review – Procedural requirements and fairness – Notice – Failure to provide reasons – Confidentiality Stelmaschuk v. College of Dental Surgeons of British Columbia, [2011] B.C.J. No. 750, ...

The Court dismissed an application for judicial review of a decision by Nova Scotia Police Review Board, upholding the respondent’s dismissal of the applicant. The Court held that the Board’s decision was intelligible, justified and transparent, and rightfully considered all the aggravating and mitigating factors in the applicant’s circumstances. The Board’s consideration of the applicant’s post-dismissal conduct was not unreasonable.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Police Review Board – Investigations – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Public interest – Judicial review – Procedural requirements and fairness – Bias – Standard of review – Reasonableness simpliciter Ranni v. Halifax (Regional Municipality), [2011] N.S.J. ...

The Respondent had commenced disciplinary proceedings against the Appellants aimed at denying their rights to hold office or participate in Association voting. The Appellants had applied for a judicial review of the proceedings which was stayed by the chambers judge pending the outcome of the disciplinary proceedings. That decision was overturned on appeal based on the Court’s finding that the balance of convenience weighed in favour of staying the disciplinary proceedings and allowing the judicial review.

26. April 2011 0
Administrative law – Associations and clubs – Governance – Disciplinary proceedings – By-laws – Elections – Voting rights – Judicial review – Applications – Jurisdiction – Stay of proceedings – Test Voorhorst v. Canadian Soccer Assn., [2011] A.J. No. 205, 2011 ABCA 74, Alberta Court of Appeal, March 4, 2011, J.E.L. Côté and M.B. Bielby ...

Dr. Marvin Sazant (“Dr. Sazant”) was unsuccessful on appeal from an interim and final decisions of the Discipline Committee of the College of Physicians and Surgeons of Ontario (“the College”) that had revoked his licence to practice medicine, and ordered costs against him for professional misconduct arising out of historical sexual conduct with three young males

29. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Powers of investigator – Physicians and surgeons – Disciplinary proceedings – Sexual relations with patients – Penalties – Charter of Rights and Freedoms – Search and seizure – Remedies – Charter relief – Availability – Legislation – Ultra vires ...

A disciplinary decision made by the Council of the British Columbia Veterinary Association, without a meeting, is overturned on the basis that the process followed did not accord with the Association’s Bylaws

22. March 2011 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Rules and by-laws – Adherence to by-laws – Veterinarians – Disciplinary proceedings – Hearings – Conduct of hearings – Judicial review – Bias – Procedural requirements and fairness Bhullar v. British Columbia Veterinary Medical Association, [2011] B.C.J. No. 235, 2011 BCSC 182, British Columbia ...