The appeal from a decision which found the appellant guilty of professional misconduct in relation to allegations of inappropriate sexual activity with a student was dismissed as there was evidence before the Panel to support the conclusion that the appellant had engaged in such activity

25. January 2005 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Standard of review – Reasonableness simpliciter – Evidence – Witnesses X. v. British Columbia College of Teachers, [2004] B.C.J. No. 2528, British Columbia Supreme Court, December 3, 2004, Cole J. The ...

A decision made by a Panel of the College of Dental Surgeons of British Columbia was remitted back to the Panel for reconsideration and determination of the appropriate penalty after the Court held that it was inappropriate for the Panel to decide, in the face of submissions from both parties that the appropriate penalty was suspension and cancellation of the member’s registration as a dentist in British Columbia

25. January 2005 0
Administrative law – Dentists – Disciplinary proceedings – Penalties – Decisions of administrative tribunals – College of Dental Surgeons – Judicial review – Natural justice – Procedural requirements and fairness Gavrilko v. College of Dental Surgeons of British Columbia, [2004] B.C.J. No. 2437, British Columbia Supreme Court, November 24, 2004, Williamson J. The Appellant dentist appealed the ...

The misconduct convictions imposed by the Respondent were upheld on appeal as the Court held that the Panel was not unreasonable in the exercise of its statutory duty. However, the costs award ordered against the Appellant exceeded the bounds of reasonableness and was set aside.

28. December 2004 0
Administrative law – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Judicial review – Administrative decisions – Standard of review – Reasonableness simpliciter – Costs Filipchuk v. College of Licensed Practical Nurses of Manitoba, [2004] M.J. No. 367, Manitoba Court of Appeal, September 29, 2004, Twaddle, Kroft and Monnin JJ.A. A statutory ...

A lawyer (“Arsenault”) obtained an order quashing an interim suspension imposed upon him by the Law Society of New Brunswick (the “Law Society”) on the basis that he was not afforded procedural fairness

28. December 2004 0
Administrative law – Barristers and solicitors – Disciplinary proceedings – Penalties – Suspension – Judicial review – Administrative decisions – Procedural requirements and fairness Arsenault v. Law Society of New Brunswick, [2004] N.B.J. No 395, New Brunswick Court of Queen’s Bench, August 10, 2004, Russell J. On May 10, 2004, Arsenault was suspended from practising law ...

The court found a reasonable apprehension of bias to exist in circumstances where a physician testified at a College disciplinary hearing as both a fact and expert witness and was subsequently appointed to be a member of the College Discipline Committee shortly before the decision pertaining to the hearing at which she gave evidence was released

28. December 2004 0
Administrative law – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct – Penalties and suspensions – Decisions of administrative tribunals – College of Physicians and Surgeons – Committee members – Impartiality – Judicial review – Witnesses – Bias – Disclosure – Procedural requirements and fairness Li v. College of Physicians and Surgeons of Ontario, [2004] O.J. ...

The appeal of a decision of the discipline body of the Association of Professional Engineers of Nova Scotia was dismissed by the Supreme Court and on the subsequent appeal the Court held that the Supreme Court did not err in assessing the degree of proof required or in finding that any breaches of natural justice or procedural fairness were waived by the Appellant

28. December 2004 0
Administrative law – Engineers – Disciplinary proceedings – Professional misconduct – Penalties and suspensions – Decisions of administrative tribunals – Association of Professional Engineers – Judicial review – Procedural requirements and fairness – Bias – Natural justice Beaini v. Assn. of Professional Engineers of Nova Scotia, [2004] N.S.J. No. 383, Nova Scotia Court of Appeal, October 13, ...

A teacher (“Fox”) appealed from the decision of the BC College of Teachers (the “College”) to proceed with a formal inquiry where the complaint by the school board which instigated the report to the College was rescinded after a grievance. The court dismissed the appeal, holding that the provisions of the Teaching Professions Act, R.S.B.C. 1986, c. 449 (the “Act”) indicated that the legislature did not intend that the jurisdiction of the College would be ousted if a grievance procedure was successful.

28. December 2004 0
Administrative law – Teachers – Disciplinary proceedings – Decisions of administrative tribunals – College of Teachers – Judicial review – Jurisdiction of tribunal – Compliance with legislation – Statutory interpretation – Standard of review – Correctness Fox v. British Columbia College of Teachers, [2004] B.C.J. No. 2322, British Columbia Supreme Court, November 8, 2004, Ehrcke J. ...

Del Bianco’s appeal from an Order of the Alberta Securities Commission was dismissed by the Alberta Court of Appeal. The court found that there was sufficient evidence to support both the Commission’s finding that Del Bianco had traded in shares without being registered and the reasonableness of the sanctions imposed.

28. December 2004 0
Administrative law – Stock brokers – Disciplinary proceedings – Penalties – Judicial review – Decisions reviewed – Securities Commission – Standard of review – Reasonableness simpliciter Del Bianco v. Alberta Securities Commission, [2004] A.J. No. 1222, Alberta Court of Appeal, October 29, 2004, Fruman and Ritter JJ.A. and Sullivan J. Del Bianco was the director of ...

A former licensed member (“Padovan”) of the Association of Ontario Land Surveyors (the “Association”) brought an action against the Association claiming damages resulting from disciplinary proceedings instituted against him by the Association. The Association was successful in a motion for summary judgment where the court found that Padovan had not satisfied even the modest preliminary evidentiary burden to establish bias, harassment, malice or mala fides on the part of the Association.

28. September 2004 0
Administrative law – Land Surveyors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Administrative decisions – No reasonable cause of action – Bias – Evidence Padovan v. Assn. of Ontario Land Surveyors, [2004] O.J. No. 2921, Ontario Superior Court of Justice, April 7, 2004, Stach J. Padovan was the subject of ...

Costello appealed the decision of the Ontario Securities Commission (the “Commission”) which found that he had acted as an “advisor” without being registered to do so under section 25(1)(c) of the Securities Act, R.S.O. 1990 C. s.5 (the “Act”). The court employed a standard of review of reasonableness and found that the Commission’s decision was reasonable and supported by the evidence.

28. September 2004 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Personal interests – Public interest – Stock brokers and advisors – Disciplinary proceedings – Advisor – definition – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter – Costs Costello v. Ontario (Securities Commission), [2004] O.J. No. 2972, Ontario Superior Court of Justice, July ...