The Sunshine Coast Conservation Association (“SCCA”) complained to the Association of British Columbia Forest Professionals (“ABCFP”) about the conduct of a registered professional forester (“RPF”). The ABCFP Registrar rejected the complaint on the basis that even if the allegations were proven, they did not involve a breach of the Foresters Act or the applicable bylaws or resolutions of the ABCFP.

24. April 2007 0
Administrative law – Forest professionals – Disciplinary proceedings – Code of ethics – Natural resources – Environmental issues – Forest practices – Wildlife habitat – Judicial review – Compliance with legislation – Failure to provide reasons – Standard of review – Correctness Sunshine Coast Conservation Association v. Association of British Columbia Forest Professionals, [2007] B.C.J. No. 281, ...

The Court allowed an appeal from two decisions of the Benchers of the Law Society, concluding that the Appellant had acted incompetently in permitting a witness to swear an affidavit and imposing a reprimand. The Panel had erred by making a finding of incompetence when that issue was not before the Panel, making a finding of fact on no evidence, and failing to follow proper procedure in amending the citation.

24. April 2007 0
Administrative law – Decisions of administrative tribunals – Law Societies – Hearings – Conduct of hearings – Barristers and solicitors – Disciplinary proceedings – Judicial review – Evidence – Compliance with legislation – Jurisdiction – Natural justice – Procedural requirements and fairness – Standard of review – Patent unreasonableness Sheddy v. Law Society of British Columbia, [2007] ...

Without a statutory right of appeal, the Chief of Police is precluded from seeking judicial review of a decision made by one of his delegates under the Police Services Act

27. March 2007 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Disciplinary proceedings – Hearings – Judicial review – Appeals – Stay of proceedings – Procedural requirements and fairness – Compliance with legislation Watson v. Catney, [2007] O.J. No. 231, Ontario Court of Appeal, January 26, 2007, J.I. Laskin, J.C. MacPherson and S.E. Lang JJ.A. ...

The Appellant dentist appealed a decision made by the Discipline Committee of the College finding him guilty of professional misconduct and imposing a three-month suspension, terms and conditions related to the practice of orthodontics and costs of $10,000. The Court upheld the College’s decision and dismissed the Appellant’s arguments including reasonable apprehension of bias, issue estoppel/res judicata, inappropriate expert or opinion evidence, and insufficient disclosure by the College.

26. December 2006 0
Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Investigations – Penalties and suspensions – Hearings – Evidence – Statutory provisions – Judicial review – Natural justice – Reasonable apprehension of bias – test – Procedural requirements and fairness – Estoppel and res judicata ...

A First Nations Constable sought judicial review of his dismissal from Police Service arising from complaints of sexual misconduct. The Court quashed the Police Chief’s decision, finding that the Applicant was a public office holder and therefore he was owed a duty of fairness prior to his dismissal, which he had not received.

26. December 2006 0
Administrative law – Decisions of administrative tribunals – Police – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Sexual relations – Penalties and suspensions – Aboriginal issues – Employment law – Termination of employment – Public officer – Labour law – Statutory provisions – Judicial review – Procedural requirements and fairness – Remedies – Certiorari McDonald v. Anishinabek Police ...

A physician appealed a decision of the Divisional Court upholding the finding of the Discipline Committee of the College of Physicians and Surgeons of Ontario that he was guilty of sexual abuse of a patient. The Appellant argued that he ought to be exempted from the College’s zero tolerance policy regarding sexual relations with patients, on the basis that he had a “spousal” relationship with the patient. The Court dismissed the appeal, finding that the College’s decision met the standard of reasonableness.

26. December 2006 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Sexual relations with patients – Statutory provisions – Spousal relationship – Mandatory suspensions – Judicial review – Standard of review – Reasonableness simpliciter Dr. R.A.R.  v. College of Physicians and ...

The appeal by Histed from his convictions by a panel of the Discipline Committee of the Law Society of Manitoba on two charges of professional misconduct was dismissed. The discipline hearing before the Panel was not a nullity. Any reasonable apprehension of bias that may have existed at the investigative stage was cured by the full and fair hearing on the charges against the Appellant before the Panel. The findings of professional misconduct, the one month suspension and the order of costs, were all decisions that met the applicable standard of review of reasonableness simpliciter.

28. November 2006 0
Administrative law – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Penalties – Suspension – Costs – Decisions of administrative tribunals – Law Societies – Investigations – Fairness – Judicial review – Bias – Natural justice – Standard of review – Reasonableness simpliciter Histed v. Law Society of Manitoba, [2006] M.J. No. 290, Manitoba Court of ...

An RCMP officer (“Gill”) was successful in his application for judicial review of a RCMP Commissioner’s decision where the Court held that the Commissioner erred in upholding the decision of an RCMP Adjudication Board imposing sanctions on Gill for disgraceful conduct

28. November 2006 0
Administrative law – Royal Canadian Mounted Police – Disciplinary proceedings – Decisions of administrative tribunals – Adjudications – Police Commission – Judicial review – Procedural requirements and fairness – Natural justice – Sufficient notice – Evidence Gill v. Canada (Attorney General), [2006] F.C.J. No. 1395, Federal Court, September 18, 2006, O’Keefe J. Gill joined the RCMP in ...

A lawyer (Hamilton) successfully appealed from a decision of the Law Society, which had found her guilty of professional misconduct for visiting a jail with a prisoner’s girlfriend and identifying that girlfriend as her assistant in order to facilitate access to the prisoner.

24. October 2006 0
Administrative law – Decisions of administrative tribunals – Law Societies – Hearings – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Penalties – Suspension – Judicial review – Witnesses – Evidence – Standard of review – Reasonableness simpliciter Hamilton v. Law Society of British Columbia, [2006] B.C.J. No. 1741, British Columbia Court of Appeal, August ...

The appeal by a realtor from a conviction of failing to cooperate with an investigator of the Real Estate Council of Alberta (the “Council”) was dismissed where the Court found that there was ample evidence to support the conclusion that James had failed to cooperate with the investigator by being rude and by failing to produce a listing agreement

26. September 2006 0
Administrative law – Real estate agents – Investigations – Disciplinary proceedings – Judicial review – Standard of review – Reasonableness simpliciter James v. Real Estate Council of Alberta, [2006] A.J. No. 844, Alberta Court of Appeal, July 17, 2006, Hunt and Fruman JJ.A and Brooker J. (ad hoc) A client complained to the Council about James’s ...