The Court dismissed a petition for a declaration that the sections of the Legal Professions Act, S.B.C. 1998, c.9 and the Law Society Rules allowing a practice review on a solicitor are inconsistent with the Constitution Act, 1982 and the Charter of Rights and Freedoms and are of no force and effect. The Court further refused to quash the decision of the Law Society’s Practice Standards Committee to conduct a practice review in respect of the Petitioner on the grounds that it was contrary to the principles of natural justice and made in bad faith.

24. May 2005 0
Administrative law – Barristers and solicitors – Boards and tribunals – Disciplinary proceedings – Charter of Rights – Application to disciplinary proceedings – Validity of legislation – Judicial review – Natural justice – Disclosure of third party records – Solicitor-client privilege Greene v. Law Society of British Columbia, [2005] B.C.J. No. 586, British Columbia Supreme Court, March 21, ...

Applying a standard of reasonableness, the Court of Appeal upheld the decision of the B.C. Securities Commission dismissing the Appellant’s application under section 171 of the British Columbia Securities Act due to unjustified delay

24. May 2005 0
Administrative law – Stock brokers – Disciplinary proceedings – Penalties – Decisions of administrative tribunals – Securities Commission – Conflict of interest – Judicial review – Delay – Standard of review – Reasonableness simpliciter Roeder v. British Columbia (Securities Commission), [2005] B.C.J. No. 693, British Columbia Court of Appeal, April 4, 2005, Huddart, Saunders and Oppal JJ.A. ...

The British Columbia College of Teachers (the “College”) was unsuccessful on appeal from the Supreme Court judge’s decision to reduce the penalty for a teacher (“Mitchell”) who had engaged in a sexual relationship with a former student

26. April 2005 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Appeals – Decisions of administrative tribunals – College of Teachers – Judicial review – Standard of review – Reasonableness simpliciter – Publication ban Mitchell v. British Columbia College of Teachers, [2005] B.C.J. No. 269, British Columbia Court of Appeal, February 16, ...

A dentist (“Dr. Drake”) was unsuccessful in his application for judicial review of the decision of the Health Professions Appeal and Review Board (the “Board”). The court found that the Board was acting reasonably in finding that the Complaints Committee of the Royal College of Dental Surgeons of Ontario (the “Committee”) had conducted an adequate investigation into a complaint that Dr. Drake had not been diligent in obtaining consent to treatment from a patient.

26. April 2005 0
Administrative law – Dentists – Disciplinary proceedings – Investigations – Judicial review – Mental health – Consent to treatment – Substitute decision maker Drake v. Royal College of Dental Surgeons of Ontario, [2005] O.J. No. 755, Ontario Superior Court of Justice, March 2, 2005, G.D. Lane, A.M. Molloy and D.J. Power JJ. The mother of the complainant ...

The administrative penalty of $25,000.00 imposed on the Appellant was not in the circumstances unreasonable and the Appellant’s appeal was therefore dismissed

22. March 2005 0
Administrative law – Stock brokers – Disciplinary proceedings – Penalties – Decisions of administrative tribunals – Securities Commission – Judicial review – Standard of review – Reasonableness simpliciter Hogan v. British Columbia (Securities Commission), [2005] B.C.J. No. 131, British Columbia Court of Appeal, January 28, 2005, Finch C.J.B.C., Prowse and Levine JJ.A. The British Columbia Securities Commission ...

With one exception, the decision of the Discipline Committee of the College of Physicians and Surgeons of Ontario (the “Committee”) to disclose confidential third party records pertaining to various complainants was confirmed

22. March 2005 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Decisions of administrative tribunals – College of Physicians and Surgeons – Judicial review – Disclosure of third party records – Relevance of information disclosed – Evidence – Standard of review – Reasonableness simpliciter College of Physicians and Surgeons of Ontario v. Au, [2005] O.J. No. 234, Ontario ...

The Appellant, Dr. D, appealed to the Ontario Superior Court from the decision of the Discipline Committee of the College of Physicians and Surgeons of Ontario (the “Committee”) whereby the Committee found Dr. D. to have engaged in professional misconduct in relation to his care and treatment of three terminally ill cancer patients. The Appellant also appealed the consequent decision to impose the penalty of revocation. The appeals against both the convictions and the penalty were dismissed.

22. March 2005 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Decisions of administrative tribunals – College of Physicians and Surgeons – Double jeopardy – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Reasonableness simpliciter Devgan v. College of Physicians and Surgeons of Ontario, ...

A panel of the Ontario Securities Commission (the “Commission”) found that the Respondent Donnini had engaged in unlawful insider trading contrary to section 76(1) of the Ontario Securities Act. The Commission suspended Donnini’s registration as a securities trader for 15 years and ordered him to pay investigation and hearing costs of $186,000. Donnini appealed all aspects of the Commissioner’s order. A panel of the Divisional Court dismissed the appeal from liability, but allowed the appeal in respect of the sanctions imposed on Donnini and the award of costs. The Divisional Court reduced Donnini’s suspension from 15 to 4 years and directed the Commission to reconsider its costs award by following specific procedural steps. The Court of Appeal upheld the Commission’s findings on liability and sanction but remitted the matter of costs for the Commission’s reconsideration.

22. March 2005 0
Administrative law – Stock brokers – Disciplinary proceedings – Penalties – Suspensions – Decisions of administrative tribunals – Securities Commission – Costs – Judicial review – Standard of review – Reasonableness simpliciter Donnini v. Ontario (Securities Commission), [2005] O.J. No. 240, Ontario Court of Appeal, January 28, 2005, M. Rosenberg, M.J. Moldaver and J.C. MacPherson JJ.A. In February ...

A motion was brought by the Respondents for an order striking out an application for judicial review of the decision of the Ontario Civilian Commission on Police Services (the “Commission”) directing the Applicant Chief of Police (the “Chief”) to initiate a disciplinary hearing against a police constable on the ground that the constable may have committed misconduct in his capacity as an investigator in a homicide investigation. The Respondent’s application to stay the Chief’s application for judicial review was granted on the ground that the Chief’s application was premature.

22. March 2005 0
Administrative law – Police – Investigations – Disciplinary proceedings – Public interest – Public hearings – Effect of – Judicial review application – Procedural requirements and fairness – Stay of proceedings – Decisions of administrative tribunals – Police Commission York (Regional Municipality) Police v. Ontario (Civilian Commission on Police Services), [2005] O.J. No. 222, Ontario Superior Court ...

A physician (“Mussani”) found guilty of sexual abuse by the College of Physicians and Surgeons of Ontario (the “College”) challenged the constitutionality of the zero tolerance/mandatory revocation scheme governing discipline for specific acts of sexual conduct between health professionals and their patients under Ontario’s Health Professions Procedural Code (the “Code”). The Ontario Court of Appeal dismissed the appeal and upheld the Mandatory Revocation Provisions of the Code.

22. February 2005 0
Administrative law – Decisions of administrative tribunals – Judicial review – College of Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual acts – Penalties – Mandatory suspensions – Constitutionality – Charter of Rights – Application to disciplinary proceedings Mussani v. College of Physicians and Surgeons of Ontario, [2004] O.J. No. ...