The Court allowed an Appeal by a licensed practical nurse from a finding of misconduct in relation to the Appellant’s failure to report an incident. The Court found that the incident was very minor and that it was not reasonable to find a requirement to report that would attract discipline and a sanction which would seriously affect the member’s ability to work.

26. December 2007 0
Administrative law – Decisions of administrative tribunals – Council for Licensed Practical Nurses – Nurses – Disciplinary proceedings – Reporting requirements – Judicial review – Evidence – Burden of proof – Standard of review – Reasonableness simpliciter – Failure to provide reasons – Natural justice Walsh v. Council for Licensed Practical Nurses, [2007] N.J. No. ...

The Court allowed, in part, an appeal from a decision of the Discipline Committee of the Respondent College, finding professional misconduct against the Appellant. The Court found that the panel’s decision on the merits was reasonable, but that the penalty they imposed was beyond the limits of reasonableness in the circumstances of a first-time, young offender.

26. December 2007 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Psychiatric Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual relations with former patient – Penalties and suspensions – Judicial review – Evidence – Burden of proof – Standard of review – Reasonableness simpliciter Duval v. College of Nurses of ...

The Competence Committee of the Certified General Accountants Association of Ontario (the “Competence Committee”) was successful in obtaining judicial review of a decision of the Appeal Tribunal of the Association where the Court held that the Tribunal made a decision on matters that were not before it and, in doing so, breached its duty to act fairly

26. December 2007 0
Administrative law – Decisions of administrative tribunals – Certified General Accountants – Accountants – Disciplinary proceedings – Judicial review – Jurisdiction of tribunal – Procedural requirements and fairness Certified General Accountants Assn. of Ontario v. Certified General Accountants Assn. of Ontario, [2007] O.J. No. 4299, Ontario Superior Court of Justice, November 7, 2007, J.D. Carnwath, ...

The Court of Appeal upheld the decision of the Law Society of British Columbia to disbar a Member for the improper withdrawal of client funds from Trust Accounts. The Court held that disbarment is a remedy available to the Law Society for the deliberate misappropriation of trust fund monies except in highly unusual circumstances.

27. November 2007 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Penalties – Disbarment – Public interest – Judicial review – Standard of review – Patent unreasonableness McGuire v. Law Society of British Columbia, [2007] B.C.J. No. 2161, British Columbia Court of Appeal, September 7, 2007, M.A. Rowles, ...

A family physician (“Dr. Litchfield”) obtained an Order suspending the decision of the College of Physicians and Surgeons of Alberta (the “College”) pending a statutory appeal of the College’s decision to strike his name from the College register for conduct unbecoming

27. November 2007 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Disciplinary proceedings – Penalties – Stay of suspension – Judicial review – Statutory provisions – Procedural requirements and fairness Litchfield v. Alberta (College of Physicians and Surgeons), [2007] A.J. No. 1099, Alberta Court of Queen’s Bench, September 28, 2007, R.P. Marceau ...

The appeal by the New Brunswick Real Estate Association (the “Association”) from a judge’s decision setting aside a decision of the Discipline Committee was allowed where the Court found that the judge had erred in concluding that the Committee’s policy of addressing the merits of the complaints and possible penalties in one hearing rendered the hearing process biased

23. October 2007 0
Administrative law – Decisions of administrative tribunals – Real estate agents – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Hearings – Judicial review – Bias – Procedural requirements and fairness New Brunswick Real Estate Assn. v. Moore, [2007] N.B.J. No. 311, New Brunswick Court of Appeal, August 9, 2007, ...

The Ontario Racing Commission (the “Commission”) was successful in its appeal from the Divisional Court’s Judicial Review decision overturning the Commission’s earlier decision finding Austin guilty of having provided an improper (cold) urine sample

23. October 2007 0
Administrative law – Decisions of administrative tribunals – Horse Racing – Drivers – Testing for illegal substances – Horse racers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Hearings – Evidence – Judicial review – Bias Austin v. Ontario (Racing Commission), [2007] O.J. No. 3249, Ontario Court of Appeal, August 30, 2007, M. Rosenberg, ...

The appeal by the Registrar of Mortgage Brokers from the decision of the Financial Services Tribunal that overturned the Registrar’s finding that a sub-mortgage broker (“Matick”) breached s. 17.3 of the Mortgage Brokers Act, R.S.B.C. 1996, c. 313 by failing to disclose his wife’s position as an employee of T.D. Canada Trust, was dismissed

25. September 2007 0
Administrative law – Decisions of administrative tribunals – Registrar of Mortgage Brokers – Mortgage brokers – Disciplinary proceedings – Penalties and suspensions – Public interest – Judicial review – Disclosure – Evidence – Compliance with legislation – Standard of review – Correctness – Patent unreasonableness Registrar of Mortgage Brokers v. Financial Services Tribunal, [2007] B.C.J. No. 1670, ...

A pathologist who was the subject of a complaint that he had not correctly diagnosed and reported pathology results concerning various forms of cancer (“Menon”) applied for judicial review of a suspension imposed by the College of Physicians and Surgeons of New Brunswick (the “College”), and succeeded in having the complaint referred to a Board of Inquiry pursuant to the Medical Act, SNB 1981, c. 87 (the “Act”)

25. September 2007 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Competence – Penalties and suspensions – Decisions of administrative tribunals – College of Physicians and Surgeons – Judicial review – Natural justice – Procedural requirements and fairness – Standard of review – Correctness Menon v. College of Physicians and Surgeons of New Brunswick, [2007] N.B.J. No. 270, ...

A teacher appealed the College’s decision finding him guilty of conduct unbecoming a member of the profession, for off-duty conduct in which the teacher fired a shot over the heads of his sons during a domestic dispute. The Court allowed the appeal, finding that the panel had failed to address how the impugned conduct had any effect on the school system or on the teacher’s ability to carry out his professional obligations, and that the College’s reasons did not address his conduct that led to the conclusion that discipline was warranted.

28. August 2007 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Criminal charges – Decisions of administrative tribunals – College of Teachers – Appeals – Judicial review – Standard of review – Reasonableness simpliciter – Correctness – Evidence – Off-duty conduct Fountain v. British Columbia College of Teachers, [2007] B.C.J. No. 1260, British Columbia Supreme ...