Supervisors of the applicant registered nurse filed a complaint against her with the College of Registered Nurses of Nova Scotia. Following an investigation, the complaint was dismissed. The applicant then filed a complaint against each of the individuals that had filed a complaint about her, alleging that pursuing and filing the formal complaint constituted, inter alia, professional misconduct, willful misconduct, malice and slander. The complaints were dismissed by the Complaints Committee. The applicant sought judicial review of the dismissals.

22. February 2011 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Investigations – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Reporting requirements – Judicial review – Standard of review – Reasonableness simpliciter MacDonald v. College of Registered Nurses of Nova Scotia, [2010] N.S.J. No. 661, 2010 NSSC 430, Nova Scotia ...

The Court of Appeal quashed a disciplinary tribunal’s decision as unreasonable because it rested only on an assessment of credibility but was not supported by physical evidence, did not account for the totality of the evidence, and relied on hearsay evidence offered by parties who did not witness the events in question

25. January 2011 0
Administrative law – Decisions of administrative tribunals – College of Licensed Practical Nurses – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Witnesses – Evidence Parsons v. College of Licensed Practical Nurses, [2010] N.J. No. 374, 2010 NLTD(G) 182, Newfoundland and Labrador Supreme Court, December 1, 2010, R.M. Hall ...

An appeal by Tilley from the decision of the Law Society of Newfoundland and Labrador (“Law Society”) dismissing Tilley’s complaint against a lawyer was allowed where the court held that the Law Society failed to examine whether the lawyer had owed a duty to Tilley as a member of the public and whether special considerations applied where the lawyer had a personal interest in the transaction at issue

25. January 2011 0
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Public interest – Judicial review – Standard of review – Reasonableness simpliciter Tilley v. Law Society of Newfoundland and Labrador, [2010] N.J. No. 381, 2010 NLTD 187, Newfoundland and Labrador Supreme Court, ...

A police officer (Horon) successfully appealed a decision of the Law Enforcement Review Board for the Edmonton Police Service (“Law Enforcement Review Board”) that had directed the Chief of Police to lay a charge of neglect of duty against him

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Professional governance and discipline – Investigations – Reporting requirements – Judicial review – Jurisdiction – Standard of review – Correctness – Reasonableness simpliciter – Failure to provide reasons Mitzel v. Alberta (Law Enforcement Review Board), [2010] A.J. ...

The appeal by a lawyer (“Oledski”) from the penalty of disbarment imposed by the Discipline Committee of the Law Society of Saskatchewan was dismissed where the Court found the decision was reasonable in light of which complaints of forgery, misleading the public and misleading other members of the profession were either proven of admitted

23. November 2010 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Penalties and suspensions – Judicial review – Standard of review – Reasonableness simpliciter Oledski v. Law Society of Saskatchewan, [2010] S.J. No. 573, 2010 SKCA 120, Saskatchewan Court of Appeal, September 27, 2010, J.G. ...

The appellant, a psychologist, successfully appealed a decision of two counts of unprofessional conduct on the basis that the reasons provided in the prior appeal decision were inadequate. Not only were the reasons void of any explanation for the findings of professional conduct, but there was no line of analysis within the reasons that could have reasonably led to the ultimate conclusion.

23. November 2010 0
Administrative law – Decisions of administrative tribunals – College of Psychologists – Psychologists – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Investigations – Evidence – Failure to provide reasons Sussman v. College of Alberta Psychologists, [2010] A.J. No. 1157, 2010 ABCA 300, Alberta Court of Appeal, October 13, 2010, J.E.L. ...

A notary unsuccessfully applied for judicial review of a decision terminating his membership in the Society of Notaries Public of British Columbia after he was found to have engaged in practice outside of his jurisdiction

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Society of Notaries – Notaries – Disciplinary proceedings – Practice outside of jurisdiction – Penalties and Suspensions – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice – Evidence – Sufficient notice – Failure to provide reasons Evans v. Society of Notaries ...

A physician (“Dr. Visconti”) succeeded in having some findings of professional misconduct dismissed and penalties for his remaining misconduct remitted back to the Council of the College of Physicians and Surgeons of Alberta (“the Council”) on appeal under s. 68 of the Medical Profession Act, R.S.A. 2000 c. M-11 (“MPA”)

29. September 2010 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Competence – Penalties and suspensions – Public interest – Policies – Notice requirements – Judicial review – Evidence – Natural justice – Procedural requirements and fairness ...

The appeal by an investment dealer (“Golden Capital”) from a British Columbia Securities Commission (the “Commission”) decision finding the dealer’s self-regulatory organization was entitled to full access to its records for the purpose of an investigation was allowed when the Court found that the Commission lost sight of the true question which was whether or not full access was reasonably required for the investigation of the allegations against the dealer

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Rules and by-laws – Stock brokers – Disciplinary proceedings – Judicial review – Investigations – Compliance with legislation – Disclosure – Relevance of information disclosed – Standard of review – Reasonableness simpliciter Golden Capital Securities Ltd. v. Investment Industry Regulatory Organization of Canada, [2010] ...

The decision of the Law Society of British Columbia’s Discipline Committee not to hold a discipline hearing, is not subject to judicial review

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Powers of Disciplinary Committee – Public interest – Judicial review – application – Availability – No reasonable cause of action – Remedies – Interlocutory injunctions – Availability – Self-governing professions Taylor v. Law Society of British Columbia, ...