A medical doctor appealed from the decision of an Inquiry Committee finding him guilty of infamous conduct and suspending him from the practice of medicine. The court refused to interfere with the Committee’s finding on credibility and the appeal was not allowed. In reviewing the Committee’s decision on penalty, the court took a deferential approach and did not overturn the ruling of the highly specialized tribunal.

28. January 2003 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Inquiry committee decisions – Fairness – Evidence – Sentencing – Judicial review – Appeal process – Scope of appeal M.M. v. College of Physicians and Surgeons of British Columbia, [2002] B.C.J. No. 2833, British Columbia Supreme Court, November 4, 2002, Bauman J. M.M., a medical doctor, ...

Detective Robertson, an Edmonton police officer, was the subject of several citations related to his activities while on the police force. During proceedings, Detective Robertson applied to the court for a stay on the grounds that natural justice required that he be provided with funded counsel due to the complexity of the citations. The application to the court failed.

24. December 2002 0
Administrative law – Police – Disciplinary proceedings – Stay of proceedings – Right to legal representation – Judicial review – Breach of procedural fairness Robertson v. Edmonton (City) Police Service, [2002] A.J. No. 1366, Alberta Court of Queen’s Bench, November 6, 2002, Clackson J. Fifteen citations were launched against Detective Robertson (the “Applicant”) by the Edmonton ...

A teacher applied for judicial review of a hearing committee’s decision of professional misconduct. The Alberta Court of Queen’s Bench dismissed the case; however, the Alberta Court of Appeal allowed the appeal and set aside the findings of professional misconduct concluding that the decision of the hearing committee was unreasonable and improper.

24. December 2002 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Standard of review – Reasonableness simpliciter – Schools – Parental rights Eggertson v. Alberta Teachers’ Assn., [2002] A.J. No. 1358, Alberta Court of Appeal, November 5, 2002, O’Leary, Costigan and Paperny JJ.A. The Appellant was a teacher with the Calgary ...

On January 29, 2001, the Manitoba Pharmaceutical Association found the Applicant guilty of unskilled practice of pharmacy and professional misconduct. The Applicant sought an order quashing the decision of the Council, arguing that there was a reasonable apprehension of bias on the part of the Discipline Committee resulting from an inappropriate involvement of its Registrar. The court found a reasonable apprehension of bias and quashed the decision of the Council.

22. October 2002 0
Administrative law – Pharmacists – Disciplinary proceedings – Billing practices – Boards and tribunals – Bias Sawchuk v. Manitoba Pharmaceutical Assn., [2002] M.J. No. 384, Manitoba Court of Queen’s Bench, September 25, 2002, Darichuk J. In the summer of 1998, a series of articles was published in a newspaper alleging fraudulent billing practices on the part ...

The Plaintiff’s claim for damages arising out of the Defendant’s delivery of an investigation report to the professional association to which she belonged were dismissed. The Defendants were found to have acted in good faith and their actions were protected by absolute privilege.

24. September 2002 0
Administrative law – Accountants – Disciplinary proceedings – Investigative bodies – Powers – Jurisdiction – Qualified privilege Hung v. Gardiner, [2002] B.C.J. No. 1918, British Columbia Supreme Court, August 21, 2002, Joyce J. Following an investigation of the Plaintiff’s supervising chartered accountant, the Professional Conduct Enquiry Committee (“PCEC”) of the Institute of Chartered Accountants of British ...

A lawyer (“Pierce”) sought a stay of the penalty arising out of a disciplinary action pending his appeal to the Supreme Court of Canada. The penalty included a suspension, an order to pay costs, and publication of the penalty. The Court of Appeal granted the stay but only with respect to the suspension as it found that Pierce would suffer irreparable harm if the suspension were instituted and Pierce ultimately succeeded in his appeal to the Supreme Court of Canada.

24. September 2002 0
Administrative law – Barristers and solicitors – Disciplinary proceedings – Penalties – Suspension – Stay of suspension Pierce v. Law Society of British Columbia, [2002] B.C.J. No. 2008, British Columbia Court of Appeal, September 5, 2002, Donald J.A. On September 16, 2002, the Law Society issued a citation alleging professional misconduct and conduct unbecoming a ...

An accountant {“Walman”) was the subject of disciplinary proceedings by his professional association. Findings of misconduct by the Association were appealed by Walman and eventually overturned. Walman brought an action for abuse of public office against the Association and certain employees which was dismissed as the court found that the evidence did not support an inference that the Association’s auditors recklessly exceeded their powers in the disciplinary hearings.

27. August 2002 0
Administrative law – Accountants – Disciplinary proceedings – Investigative bodies – Jurisdiction – Powers – Abuse of public office Walman v. Certified General Accountants Assn. of British Columbia, [2002] B.C.J. No. 1560, British Columbia Supreme Court, July 8, 2002, Curtis J. Walman was an accountant who became the subject of disciplinary proceedings brought by the Certified General ...

Dufault, a teacher and Human Resources Superintendent for a school district, was unsuccessful in overturning a decision by an investigative subcommittee of the British Columbia College of Teachers to issue a citation against him with respect to his involvement in hiring a teacher without certification from the College

28. May 2002 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming of member – Investigative bodies – Jurisdiction Dufault v. British Columbia College of Teachers, [2002] B.C.J. No. 864, British Columbia Supreme Court, April 25, 2002, Ross J. Dufault was the Associate Superintendent of Human Resources for the School District of Abbotsford. He was ...

Stinchcombe succeeded in his appeal of the decision allowing the Law Society of Alberta to proceed with two charges against him relating to events occurring in 1986 and 1987. The Court held that Stinchcombe’s ability to defend the charges had been prejudiced by the Law Society’s inordinate and inexcusable delay and that this constituted a denial of natural justice.

28. May 2002 0
Administrative law – Barristers and solicitors – Disciplinary proceedings – Boards and tribunals – Jurisdiction – Natural justice – Delay – Hearings – Disclosure – Judicial review – Standard of review- Correctness test Stinchcombe v. Law Society of Alberta, [2002] A.J. No. 544, Alberta Court of Appeal, April 26, 2002, Conrad, O’Leary and Paperny JJ.A. On ...

Butterworth failed in his application seeking a stay of his disciplinary hearing before a committee of the College of Veterinarians of Ontario where the court found that prospective damage to Butterworth’s personal and professional reputation did not constitute “irreparable harm”

23. April 2002 0
Administrative law – Veterinarians – Disciplinary proceedings – Stay of proceedings – Jurisdiction – Judicial review – Standard of review – Correctness test Butterworth v. College of Veterinarians of Ontario, [2001] O.J. No. 5265, Ontario Superior Court of Justice, August 10, 2001, MacFarland J. Butterworth, a veterinarian, was scheduled to have his case heard before a ...