The Court allowed an application by a physician to quash an interim order made by the Complaints Committee of the Respondent College, prohibiting him from performing anesthesia, except in a hospital under the supervision of a certified anesthetist. The Court allowed the application, finding that there was no evidence to support the opinion that the Applicant’s conduct exposed or was likely to expose his patients to harm or injury and, in the result, it was encumbant upon the Committee to give some explanation for rejecting all of the evidence that was contrary to its conclusion.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Competence – Public interest – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Liberman v. College of Physicians and Surgeons of Ontario, [2010] O.J. No. 227, 2010 ...

The Court of Appeal considered whether the Discipline Committee of the Law Society of Manitoba had erred in finding the Appellant guilty of conduct unbecoming a lawyer for swearing at a member of a tribunal and, as a consequence, imposing a restriction on the Appellant’s practicing certificate to address its concerns as to her psychological fitness to practice law. The Court dismissed the Appellant’s conviction appeal, in which she alleged an apprehension of bias on the part of the panel, but allowed her sentence appeal, in part, on the basis that the panel improperly considered issues of competency or ungovernability which were not the subject of the citation before it.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and Suspensions – Judicial review – Bias – Standard of review – Reasonableness simpliciter Ritchot v. Law Society of Manitoba, [2010] M.J. No. 28, 2010 MBCA 13, Manitoba Court of ...

The application by a suspended police detective (“MacNeil”) was dismissed where the Court found that the material information supported the decision to confirm the suspension

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Police Commission – Investigations – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Criminal charges – Evidence – Disclosure – Hearings – Conduct of hearings – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter MacNeil ...

The appeal by an accountant (“Macdonald”) of a decision of the discipline tribunal panel of the Institute of Chartered Accountants (the “Tribunal”) cancelling his membership and requiring him to pay costs of $6,832 was dismissed where the Court concluded that Macdonald should have raised the issue of double jeopardy before the Tribunal

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Penalties and suspensions – Investigations – Fairness – Offences – Double jeopardy Macdonald v. Institute of Chartered Accountants of British Columbia, [2009] B.C.J. No. 2369, British Columbia Supreme Court, November 27, 2009, A.M. Stewart J. Macdonald was ...

The Court granted an application for judicial review by a police constable who had been suspended without pay by the respondent police chief. The Court found that the respondent did not have the authority to suspend the applicant without pay, because the applicant had not been “sentenced to a term of imprisonment”, as required by section 89(6) of the Police Services Act, despite a period of pre-sentence custody.

26. January 2010 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Disciplinary proceedings – Penalties and suspensions – Criminal record – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Correctness Trinaistich v. Crowell, [2009] O.J. No. 4830, Ontario Superior Court of Justice, November 13, 2009, F.R. Caputo, M.R. ...

The Appellant Engineer (“Puar”) unsuccessfully appealed a decision of the Court, which denied his application for judicial review in respect of the Respondent Association’s decision that he was guilty of professional misconduct

22. December 2009 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Investigations – Engineers – Disciplinary proceedings – Competence – Judicial review – Jurisdiction – Compliance with legislation – Procedural requirements and fairness Puar v. Assn. of Professional Engineers and Geoscientists, [2009] B.C.J. No. 2186, British Columbia Court of Appeal, November 5, 2009, ...

The Appellant Dentist successfully appealed the Respondent Board’s finding that he was guilty of professional misconduct

22. December 2009 0
Administrative law – Decisions of administrative tribunals – Dental Board – Dentists – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Hearings – Conduct of hearings – Settlements – Judicial review – Procedural requirements and fairness – Natural justice – Standard of review – Correctness Chandrasegaram v. Newfoundland and Labrador Dental Board, [2009] N.J. ...

The Attorney-General successfully appealed a decision made by the Military Police Complaints Commission to investigate the treatment of detainees in Afghanistan, on the basis that such matters are beyond the jurisdiction of the Commission

24. November 2009 0
Administrative law – Military police – Disciplinary proceedings – Investigations – Public interest – Jurisdiction – Judicial review – Compliance with legislation – Statutory interpretation Canada (Attorney General) v. Amnesty International Canada, [2009] F.C.J. No. 1096, 2009 FC 918, Federal Court, September 16, 2009, Harrington J. The Respondent, Amnesty International, submitted two complaints to the ...

The Appellant Engineer, and his engineering firm, appealed the decision of the Respondent regulatory body’s discipline committee, which found that the Appellants engaged in unprofessional conduct

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter – Evidence – Failure to provide reasons Assn. of Professional Engineers of Ontario v. Caskanette, [2009] O.J. No. ...

The Appellant, Farbeh, unsuccessfully appealed a decision made by the College of Pharmacists of British Columbia imposing a temporary suspension from practice

22. September 2009 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Inquiry committee decisions – Pharmacists – Disciplinary proceedings – Penalties and suspensions – Public interest – Judicial review – Procedural requirements and fairness – Failure to provide reasons – Delay – Investigative bodies – Role Farbeh v. College of Pharmacists of British Columbia, ...