Upon judicial review, the court quashed a decision made by the Inquiry Committee of the British Columbia Veterinary Medical Association on the grounds that it committed a breach of procedural fairness by declining to consider the petitioner’s argument about institutional bias

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Judicial review – Procedural requirements and fairness – Bias – Jurisdiction – Standard of review – Correctness Bajwa v. British Columbia Veterinary Medical Assn., [2010] B.C.J. No. 1169, 2010 BCSC 848, British Columbia Supreme Court, June 16, 2010, M.J. ...

It would take clear words from the legislature to deprive an investigator, in regard to a professional self-regulating body, of the powers necessary to carry out an investigation. In this case, the enabling statute stated that a licensee must “provide information that relates to the matters under investigation” and the court held that the plain meaning of these statutory words in their entire context and the purpose of the enabling act included that information may be collected orally.

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Self-governing professions – Oral interview – Barristers and solicitors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Wise v. Law Society of Upper Canada, [2010] O.J. No. ...

The appeal by an engineer (“Kaminski”) from a finding of unprofessional conduct against him by a discipline committee panel (the “Panel”) of the Association of Professional Engineers and Geoscientists of British Columbia (the “Association”) was dismissed where the court found that the decision had been reasonable and there had been no breaches of the principles of natural justice in the conduct of the matter

25. May 2010 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Professional misconduct – Competence – Judicial review – Jurisdiction – Natural justice – Compliance with legislation – Standard of review – Reasonableness simpliciter Kaminski v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2010] B.C.J. No. ...

Three chartered accountants (Barrington, Power and Russo) achieved partial success on judicial review of the Institute of Chartered Accountants of Ontario (“ICAO”) findings that they were guilty of professional misconduct for their work in preparing financial statements and audit materials for Livent Inc. (“Livent”)

25. May 2010 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Investigations – Accountants – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and Suspensions – Judicial review – Evidence – Procedural requirements and fairness – Natural justice – Failure to provide reasons – Standard of review – Reasonableness simpliciter – ...

A chiropractor was unsuccessful on appeal from an order of the Joint Chiropractic Professional Review Committee (the “Committee”). The order that his billings be reduced by about $62,000.00 was upheld.

25. May 2010 0
Administrative law – Decisions of administrative tribunals – College of Chiropractors – Investigations – Chiropractors – Disciplinary proceedings – Billing matters – Pattern of practice – Judicial review – Natural justice – Evidence – Notice – Standard of review – Reasonableness simpliciter New v. Saskatchewan (Minister of Health), [2010] S.J. No. 155, 2010 SKQB 111, ...

The Ontario Superior Court of Justice quashed an application for judicial review of a preliminary determination to proceed with a disciplinary hearing, on the grounds that such an application was premature

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Police – Investigations – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Delay – Failure to provide reasons – Judicial review application – Premature Ackerman v. Ontario (Provincial Police), [2010] O.J. No. 738, 2010 ONSC 910, Ontario Superior Court of Justice, February 11, ...

The Appellant, a registrant of the College of Physicians and Surgeons of Prince Edward Island, successfully appealed a decision which suspended him from practice for 42 months, on the basis that such a sanction was out of proportion with the professional misconduct engaged in and did not accord with the totality principle

27. April 2010 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and suspensions – Judicial review – Standard of review – Reasonableness simpliciter Matheson v. College of Physicians and Surgeons of Prince Edward Island, [2010] P.E.I.J. No. 10, ...

The Applicant Nurse (MacNeil) unsuccessfully applied for judicial review in respect of the Respondent College’s decision not to refer his matter to the Fitness to Practice Committee

27. April 2010 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Policies – Nurses – Disciplinary proceedings – Competence – Public interest – Judicial review – Compliance with legislation MacNeil v. College of Registered Nurses of Nova Scotia, [2010] N.S.J. No. 136, 2010 NSSC 83, Nova Scotia Supreme Court, March 4, 2010, S.M. Hood ...

The Applicant accountant (“Kawula”) unsuccessfully brought an application for judicial review in respect of the Respondent Institute’s decision to proceed with a hearing regarding her conduct

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Investigations – Accountants – Disciplinary proceedings – Competence – Judicial review – Stay of proceedings – Limitations – Procedural requirements and fairness – Natural justice – Delay – Jurisdiction to hear a complaint – Judicial review application – Striking out – Premature ...

The College of Chiropractors of Ontario appealed a decision of the Divisional Court which had overturned a decision by a panel of the College’s Discipline Committee finding the Respondent Chiropractor guilty of professional misconduct of having sexually abused a patient, and revoking his certificate of registration pursuant to a zero-tolerance mandatory revocation provision in the Health Professions Procedural Code in situations where a member of a regulated health profession has sexual intercourse with a patient. The Court of Appeal found that the Divisional Court had erred in law by imposing on a discipline committee the obligation to enquire into whether the sexual relationship of the parties arose out of their spousal relationship or their doctor-patient relationship in order to determine whether there was sexual abuse. The Court of Appeal allowed the appeal, set aside the decision of the Divisional Court and restored the decision of the Discipline Committee.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Chiropractors – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Sexual relations with patients – Spousal relationship – Treating family members – Statutory provisions – Penalties and Suspensions – Judicial review – Compliance with legislation – Evidence Leering v. College of Chiropractors of Ontario, [2010] O.J. ...