A police constable’s application for certiorari of Chair of the Scotia Police Review Board to extend time to complete an investigation was dismissed. Correctness is the standard of review for interpreting the regulation as permitting an extension after the investigation was complete. Patent unreasonableness is the standard respecting his findings and exercise of discretion in granting the extension.

26. March 2002 0
Administrative law – Judicial review – Standard of review – Correctness test – Patent unreasonableness – Questions of jurisdiction – Extension of time – Police – Disciplinary proceedings – Privative clauses Symington v. Halifax (Regional Municipality) Police Service, [2002] N.S.J. No. 112, Nova Scotia Supreme Court, February 8, 2002, Moir J. Constable Symington was the subject ...

The Applicant police officer appealed from the decision of the Saskatchewan Police Commission (the “Commission”) which found the Applicant guilty of discreditable conduct and imposed a disciplinary penalty. The court made an order in the nature of certiorari and set aside the decision of the Police Commission because the Commissioner failed to comply with the imperative procedural requirements of the Police Act.

26. March 2002 0
Administrative law – Judicial review – Procedural requirements – Statutory powers – Remedies – Certiorari – Police – Disciplinary proceedings – Privative clauses Selinger v. Saskatchewan (Police Commission), [2002] S.J. No. 95, Saskatchewan Court of Queen’s Bench, February 5, 2002, Kyle, J. The Commission made an order on May 22, 2001, dismissing the applicant’s appeal from the ...

A member of the College of Physicians and Surgeons of Ontario (the “College”) sought judicial review of the Registrar’s decision to amend a Notice of Hearing after the hearing commenced. The application was dismissed as it was premature since the discipline panel had not been given an opportunity to decide if it would hear the new charges.

26. March 2002 0
Administrative law – Judicial review – Questions of jurisdiction – Amendment of notice of hearing – College of Physicians and Surgeons – Disciplinary proceedings Henderson v. College of Physicians and Surgeons of Ontario, [2001] O.J. No. 5367, Ontario Superior Court of Justice, October 22, 2001, Then, J. A discipline panel of the College accepted jurisdiction over ...