Mr. Chiarelli (“Chiarelli”) was unsuccessful in appealing from an order that permanently enjoined him from engaging in the practice of law or in the provision of legal services in Ontario.

24. June 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Paralegals – Unauthorized practice – Advertising – Disciplinary proceedings – Self-representation – Penalties and suspensions – Judicial review – Compliance with legislation Law Society of Upper Canada v Chiarelli, [2014] O.J. No. 2328, 2014 ONCA 391, Ontario Court of Appeal, May 14, 2014, ...

A massage therapist (“Ren”) was unsuccessful on judicial review of a caution issued against her by a panel of the Inquiries, Complaints and Reports Committee of the College (“ICRC”)

24. June 2014 0
Administrative law – Decisions of administrative tribunals – College of Massage Therapists – Investigations – Advertising – Massage Therapists – Disciplinary proceedings – Judicial review – Jurisdiction of court – Natural justice – Procedural requirements and fairness Ren v. College of Massage Therapists of Ontario, [2014] O.J. No. 2244, 2014 ONSC 2758, Ontario Superior Court ...

The Police Act states that a complaint matter can be reopened for further investigation within 30 days of its dismissal if it is in the public interest to do so, or at any time if new information becomes available that requires investigation. The Commissioner reopened a complaint more than 30 days after it had been summarily dismissed citing the public interest provision as the basis. The body of the order noted that new information had been received, and suggested this was the reason for reopening the matter. The Chambers judge characterized the failure to cite the proper provision as a technicality and upheld the order. The Court of Appeal quashed the order, holding that the defect went to the heart of the Commissioner’s jurisdiction, and the court had no authority to cure a defective order made under the Act.

24. June 2014 0
Administrative law – Decisions of administrative tribunals – Police Commission – Investigations – Disciplinary proceedings – Public interest – Judicial review – Jurisdiction – Compliance with legislation Vancouver (City) Police Department v. British Columbia (Police Complaint Commissioner), [2014] B.C.J. No. 908, 2014 BCCA 181, British Columbia Court of Appeal, May 12, 2014, N.J. Garson, A.W. ...

Application for judicial review of decision of Professional Conduct Tribunal of Certified General Accountants’ Association of Ontario convicting the applicant of professional misconduct

Administrative law – Decisions of administrative tribunals – Certified General Accountants – Accountants – Disciplinary proceedings – Investigations – Judicial review – Natural justice – Procedural requirements and fairness – Jurisdiction – Failure to provide reasons – Judicial review application – Premature – Remedies – Alternative remedies Voudouris v. Certified General Accountants’ Assn. of Ontario, [2014] ...

The respondent Institute of Chartered Accountants cross-appealed the Discipline Tribunal’s finding of not guilty on the third of three charges of misconduct. The Tribunal had applied the Kienapple principle, and held that charges 1 and 3 were not sufficiently distinct in order to justify a finding of guilt on both. The Appeal Tribunal allowed the cross-appeal, and at the Court of Appeal level, the Court found that the Appeal Tribunal properly applied the Kineapple principle, and agreed that the elements which go to guilt in charges 1 and 3 differed, notwithstanding the fact that they relate to a common act.

22. April 2014 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Penalties and suspensions – Evidence – Kienapple rule Danyluik v. Alberta (Institute of Chartered Accountants, Complaints Inquiry Committee), [2014] A.J. No. 186, 2014 ABCA 78, Alberta Court of Appeal, February 26, 2014, P.W.L. Martin and B.K. O’Ferrall ...

The appellant engineer argued that his appeal of the Discipline Committee’s professional misconduct findings should be an appeal de novo, and not an appeal on the record. The Council of the Association determined the appeal would be based on the record, and the judicial review application judge upheld that decision. The Court of Appeal dismissed the appellant’s interlocutory appeal of the application judge’s ruling because it did not meet the criteria of “exceptional circumstances” to justify the Court’s interlocutory intervention in the ongoing administrative process.

22. April 2014 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Rules and by-laws – Hearing de novo – Judicial review – Appeals Dorn v. Assn. of Professional Engineers and Geoscientists of Manitoba, [2014] M.J. No. 63, 2014 MBCA 25, Manitoba Court of Appeal, March 3, 2014, H.C. ...

The Applicant Optometrist was unsuccessful in seeking judicial review of the Respondent College’s decision not to disclose an expert opinion to him before deciding to refer a complaint to its hearing committee

Administrative law – Decisions of administrative tribunals – College of Optometrists – Optometrists – Professional governance and discipline – Disciplinary proceedings – Competence – Hearings – Disclosure – Evidence – Judicial review – Investigations – Procedural requirements and fairness Levesque v. Nova Scotia College of Optometrists, [2014] N.S.J. No. 28, 2014 NSSC 22, Nova Scotia ...

The Law Enforcement Review Board of Alberta overturned a Presiding Officer’s decision at a disciplinary hearing to terminate the employment of a constable who had admitted to 8 counts of misconduct. The Board held that the Presiding Officer’s failure to give weight to the impact of the constable’s depression on his misconduct, on which a psychologist gave expert evidence, was unreasonable, and it reinstated the constable’s employment. On appeal, the Court of Appeal held that the Board erred when it failed to properly apply the reasonableness standard to the Presiding Officer’s decision. The Board substituted its own decision for a reasonable decision of the Presiding Officer.

28. January 2014 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Penalties and suspensions – Hearings – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Camrose (City) Police Service v. MacDonald, [2013] A.J. No. 1333, 2013 ABCA 422, Alberta Court of ...

The Law Enforcement Review Board overturned a police chief’s dismissal of a complaint on the basis that the investigation was inadequate. The Alberta Court of Appeal overturned the Board’s order that the complaint be directed to a discplinary hearing, because the only appropriate order in the circumstances where there was an inadequate investigation, is to order further investigation. With respect to a second complaint of unlawful arrest, the Board overturned the Presiding Officer’s dismissal of a complaint on the basis that the officers did not have a warrant to enter the home where they made the arrest. The Court found that the Board erred in failing to consider whether the officers had consent to enter the home. As the Board did not consider whether the Presiding Office decided that the officers had consent to enter the home, the Board’s decision was incomplete on a vital point.

28. January 2014 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Investigations – Inadequate investigations – Remedies – Judicial review – Evidence – Compliance with legislation Land v. Alberta (Law Enforcement Review Board), [2013] A.J. No. 1372, 2013 ABCA 435, Alberta Court of Appeal, December 16, 2013, C.M. ...

The Applicant police constable successfully sought leave to appeal to the Court of Appeal in respect of a fresh hearing that was conducted by the Respondent, Law Enforcement Review Board, relating to a penalty that was imposed on him by the other Respondent, the Edmonton Police Service

26. November 2013 0
Administrative law – Decisions of administrative tribunals – Police Review Board – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Hearings  – Hearing de novo – Judicial review – Appeals – Standard of review – Reasonableness simpliciter Furlong v. Edmonton Police Service, [2013] A.J. No. 1119, 2013 ABCA ...