The Court of Appeal dismissed an appeal by Zhu from a British Columbia Securities Commission decision refusing to set aside an order freezing certain bank accounts of a company where Zhu was the sole director. The company was alleged to have breached provisions of the Securities Act, R.S.B.C. 1996, c.418, by operating a cash rebate program which was in substance an investment contract and security, without a prospectus. As well, the rebate program was alleged by the Executive Director to be, in effect, a Ponzi scheme. The Court, in dismissing the appeal, held that the Commission had a very broad discretion in determining whether Zhu had established that revocation of the freeze order would not be prejudicial to the public interest. The Commission’s approach was clearly within its mandate and did not lend itself to guidance by way of tests, mandatory criteria or other guidelines that would tie the Commission’s hands. The Commission’s decision not to revoke the freeze order was reasonable.

25. June 2013 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Investigations – Stock brokers – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Freezing of bank accounts – Public interest – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter Zhu v. British Columbia (Securities Commission), [2013] ...

The Ontario Provincial Police appealed the decision of the Civilian Police Commission which overturned a Hearing Officer’s decision to dismiss the respondent, Constable C.S. Purbrick. The court dismissed the appeal and upheld the Commission’s decision on the basis that its decision finding numerous inadequacies with the Hearing Officer’s decision was reasonable in the circumstances. The Court also found the penalties imposed by the Commisssion to be reasonable.

Administrative law – Decisions of administrative tribunals – Police Commission – Police – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Ontario (Provincial Police) v. Purbrick, [2013] O.J. No. 1821, 2013 ONSC 2276, Ontario Superior Court of Justice, April ...

The appellant sought to have a decision of the Saskatchewan Registered Nurses’ Association reversed on the basis that its failure to grant the appellant an adjournment constituted a breach of procedural fairness and a denial of natural justice. The Court allowed the appeal, noting that the public protection aspect of a speedy hearing was not a factor as the appellant was no longer working as a registered nurse, and that the serious consequences of the hearing warranted the appellant the right to be heard.

Administrative law – Decisions of administrative tribunals – Nurses’ Association – Nurses – Professional misconduct / conduct unbecoming – Investigations – Disciplinary proceedings – Public interest – Hearings – Adjournment of hearing – Judicial review – Disclosure of records – Evidence – Natural justice – Procedural requirements and fairness Pittman v. Saskatchewan Registered Nurses’ Assn. ...

An individual who was arrested for disruptive behaviour in an Ontario courtroom (“Penner”) succeeded on appeal in establishing that issue estoppel should not apply to preclude his civil claims against the police officers once his Police Services Act proceedings against them had been dismissed

Administrative law – Decisions of administrative tribunals – Police Services Commission – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Estoppel and res judicata – Compliance with legislation – Evidence Penner v. Niagara (Regional Police Services Board), 2013 SCJ No. 19, 2013 SCC 19, Supreme Court of Canada, April ...

The Appellant, Mr. Alexander, was not successful in his appeal of a disciplinary hearing conducted by the Respondent Securities Commission

Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Investigations – Penalties and suspensions – Judicial review – Compliance with legislation – Natural justice – Procedural requirements and fairness – Evidence – Standard of review – Reasonableness simpliciter British Columbia (Securities Commission) v. Alexander, [2013] B.C.J. No. ...

The Court of Appeal allowed the appeal by the College of Pharmacists of British Columbia from a decision of a chambers judge on an application for judicial review. The Appeal Court found that the chambers judge erred in remitting a matter back to the College’s Discipline Committee for rehearing solely on the issue of penalty and not on the merits in circumstances where the judge found the respondent pharmacist’s admissions to be equivocal. Having found that the admissions of professional misconduct were equivocal and therefore could not be relied upon, the chambers judge ought to have considered whether a new hearing or admission of further evidence was necessary in the interest of justice. As a result, the appeal was allowed and the question of liability on the two counts of professional misconduct was remitted back to the Disciplinary Committee of the College of Pharmacists.

23. April 2013 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Professional misconduct or condut unbecoming – Disciplinary proceedings – Penalties – Public interest – Judicial review – Hearings – Conduct of hearings – Evidence Farbeh v. College of Pharmacists of British Columbia, [2013] B.C.J. No. 483, 2013 BCCA 59, British Columbia ...

The Nova Scotia Court of Appeal upheld a tribunal decision that suspended a pharmacist for two years for false, illegal prescriptions. Although the suspension was at the higher end of the scale, the Appeal Court found the penalty fell within the range of permissible outcomes under the reasonableness standard of review.

Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Disciplinary proceedings – Investigations – Penalties and suspensions – Judicial review – Compliance with legislation – Evidence – Jurisdiction of court – Standard of review – Reasonableness simpliciter – Costs Fadelle v. Nova Scotia College of Pharmacists, [2013] N.S.J. No. 90, ...

With respect to a tribunal’s findings of credibility, there is an important distinction between guessing, conjecture, and speculation on the one hand and drawing legal inferences from evidence where inferences can appropriately be drawn. In this case, the Court in a judicial review proceeding quashed one aspect of a tribunal’s credibility findings on the basis that it was unreasonable.

Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Investigations – Penalties and suspensions – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Ali v. College of Physicians and Surgeons, [2013] S.J. No. 54, 2013 SKQB ...

The appellant unsuccessfully appealed a decision of the respondent Ontario Securities Commission, dismissing his application to set aside an order of the Commission approving a settlement he made with the Commission’s staff. The appellant argued before the Commission and on appeal that the order approving settlement should have been set aside because of non-disclosure of material information by the Commission staff prior to the settlement and that a member of the Commission was biased.

26. February 2013 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Settlements – Judicial review – Bias – Procedural requirements and fairness – Disclosure Rankin v. Ontario (Securities Commission), [2013] O.J. No. 259, 2013 ONSC 112, Ontario Superior Court of Justice, January 11, 2013, M. Brown R.S.J., P.T. Matlow ...

This was an application by the Chief of the Edmonton Police Service (the “Chief”) for leave to appeal a decision by the Law Enforcement Review Board (the “Board”)

27. December 2012 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Hearings – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Edmonton (City) Police Service v. Alberta (Law Enforcement Review Board), [2012] A.J. No. 1172, 2012 ABCA 357, Alberta ...