The Appellant family physician appealed the Respondent College’s disciplinary decision. The College’s decision was upheld except with respect to the penalty imposed against him.

28. April 2009 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Competence – Penalties and suspensions – Judicial review – Investigations – Delay – Bias – Procedural requirements and fairness – Evidence – Standard of proof Wachtler v. College of Physicians and Surgeons of Alberta, ...

Maximum penalty provisions in Section 162, Securities Act, RSBC 1996, c.418, are subject to the statutory interpretation presumption against retrospective operation of statutes. Imposition of the current maximum monetary penalty under this section is “punitive” in nature and cannot be imposed for violations of the Securities Act which occurred prior to the 2006 amendments which changed the maximum penalty. For such violations, the maximum penalty that can be imposed is that in force at the time.

24. March 2009 0
Administrative law – Stock brokers – Disciplinary proceedings – Penalties – Decisions of administrative tribunals – Securities Commission – Judicial review – Compliance with legislation – Statutory interpretation – Legislation – Retrospective and retroactive operation Thow v. British Columbia (Securities Commission), [2009] B.C.J. No. 211, 2009 BCCA 46, British Columbia Court of Appeal, February 12, ...

The Appellant Lienaux appealed a decision of the Respondent Barristers’ Society (the “Respondent”), which had found him guilty of conduct unbecoming of a barrister. The Appeal was dismissed because the Court of Appeal found the majority of the rulings of the Respondent were reasonable and the standard of review was reasonableness. Lienaux was successful on one ground of appeal as the Court of Appeal held the Respondent’s decision to prohibit him from representing himself was not reasonable.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Self-representation – Judicial review – Fresh evidence – admissibility – Standard of review – Reasonableness simpliciter – Jurisdiction – Compliance with legislation Lienaux v. Nova Scotia Barristers’ Society, [2009] N.S.J. No. 32, Nova Scotia Court of Appeal, ...

The Court allowed the appeal of the Applicant Police Commissioner (the “Commissioner”) from the decision of a motions judge who held that the disciplinary proceedings brought against the Respondents MacDonald and Jevons should not be stayed pending the outcome of the Commissioner’s application to prohibit the adjudicator from hearing the disciplinary proceeding

27. January 2009 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Disciplinary proceedings – Adjudicators – Removal – Judicial review – Stay of proceedings – Procedural requirements and fairness – Jurisdiction Ontario (Commissioner, Provincial Police) v. MacDonald, [2008] O.J. No. 5053, Ontario Superior Court of Justice, December 11, 2008, J.D. Cunningham A.C.J.S.C.J., K.E. ...

The Appellant chiropractor appealed a decision of the discipline committee of the Respondent College, which had found him guilty of professional misconduct because he had sexually abused a patient. The Court allowed the appeal, finding that the committee’s failure to consider the Appellant’s pre-existing intimate relationship with the alleged victim, before she became a patient, or to consider the College’s policies regarding treatment of family members, rendered its decision unreasonable.

25. November 2008 0
Administrative law – Decisions of administrative tribunals – College of Chiropractors – Chiropractors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual relations with patient – Spousal relationship – Treating family members – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Leering v. College of Chiropractors of Ontario, [2008] O.J. ...

A veterinarian appealed a decision of the Respondent Association, which had found him guilty of unprofessional conduct for inappropriately trapping, handling, and marketing white-tailed deer. The Court allowed the appeal and quashed the Association’s decision, on the basis that it had admitted into evidence a videotaped statement without a correct consideration of the applicable principles, contrary to specific provisions in the Wildlife Act and in breach of the discipline committee’s duty of fairness.

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Hearsay evidence – admissibility – Natural justice – Procedural requirements and fairness – Compliance with legislation – Witnesses – Failure to provide adequate reasons – Standard of review – Correctness ...

The Appeals by three corporations and four individuals from findings of fraud and misrepresentation, and from sanctions imposed by the Securities Commission were dismissed where the Court held that the Commission was entitled to use interview evidence obtained during the investigative process

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Investigations – Stock brokers – Disciplinary proceedings – Penalties – Suspensions – Public interest – Judicial review – Hearings – Evidence – Interviews – Disclosure – Hearsay Evidence – admissibility Alberta (Securities Commission) v. Brost, [2008] A.J. No. 1071, Alberta Court of Appeal, October ...

The Court allowed an appeal by the appellant physician, finding that a Discipline Committee of the College of Physicians and Surgeons of Ontario (the “Committee”) was not entitled to permanently restrict his practice to male patients. While the Committee has jurisdiction to impose terms, conditions and limitations on a member’s certificate of registration for either a “specified or indefinite period of time”, indefinite does not mean permanent but rather means unspecified or undefined and may be subject to variation.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and suspensions – Permanent vs. indefinite – Judicial review – Jurisdiction Li v. College of Physicians and Surgeons of Ontario, [2008] O.J. No. 2975, Ontario Superior Court ...

The Court dismissed an application for a declaration that a complaint received by the Institute of Chartered Accountants (the “Institute”) related to matters outside of its jurisdiction on the grounds that allowing judicial review at this stage would amount to a collateral attack on the discipline hearing decision. As well, there was inordinate delay which was the fault of the applicant. In the intervening 6 year period between the time the application was commenced and set down for hearing, the applicant had fully participated in a discipline hearing where he was found guilty of unprofessional conduct and unsuccessfully appealed the Discipline Tribunal’s decision.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Investigations – Judicial review – Delay – Jurisdiction – Remedies – Self-governing professions – Declaratory relief Curda v. Institute of Chartered Accountants of Alberta, [2008] A.J. No. 800, 2008 ABQB 443, ...

The Court held that the application of the Applicant actuary was premature. The Applicant was subject to disciplinary proceedings by the Respondent self-governing professional association and brought an application to stay the proceedings for inordinate delay. The Court held that the disciplinary process of the Respondent had to run its course before the Applicant could bring an application for judicial relief.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Canadian Institute of Actuaries – Actuaries – Disciplinary proceedings – Professional governance and discipline – Professional misconduct / conduct unbecoming – Judicial review application – Premature – Delay – Stay of proceedings – Jurisdiction of tribunal – Remedies – Alternative remedies A.D.M. v. Canadian Institute of Actuaries, ...