The Court of Appeal dismissed the Institute of Chartered Accountants appeal from an Appeal Tribunal’s decision ordering a stay of proceedings based on an abuse of process. The Appellant’s investigator had received information relevant to the complaint against the respondent from various sources, which was sent to an email address which the investigator’s wife had access to. On that basis the Appeal Tribunal concluded that the investigator had disclosed confidential information without the respondent’s consent contrary to the Regulated Accounting Profession Act.

24. July 2012 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Judicial review – Stay of proceedings – Abuse of process – Investigations – Disclosure of third party records – Jurisdiction Clark v. Alberta (Institute of Chartered Accountants, Complaints Inquiry Committee), [2012] A.J. No. 505, 2012 ABCA 152, ...

A registrant midwife, Ms. B, who had filed a mandatory report to the College of Midwives of Ontario (the “College”) outlining the circumstances in which an associate and fellow College registrant midwife, Ms. CH, had left Ms. B’s midwifery practice, was not entitled to a copy of the College’s Inquiries, Complaints and Reports Committee (“ICRC”) decision in respect of Ms. CH or a complete record of the investigatory records, even though Ms. B intended to apply for judicial review of the ICRC’s decision in respect of Ms. CH

24. April 2012 0
Administrative law – Decisions of administrative tribunals – College of Midwives – Investigations – Midwives – Professional governance – Reporting requirements – Judicial review – Parties – Disclosure of third party records – Compliance with legislation Batacharya v. College of Midwives of Ontario, [2012] O.J. No. 697, 2012 ONCA 1072, Ontario Superior Court of Justice, ...

The Court of Appeal granted the Respondent College’s application to seal the appeal book in order to protect the privacy interests of the Appellant’s patients. The Court of Appeal also granted the Respondent College’s application for a publication ban on the names of the patients and their family members that were identified during the hearing of the appeal. The privacy interests in this case outweighed the negative effects of the sealing order and publication ban.

27. January 2009 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Professional governance and discipline – Publication ban – Judicial review – Disclosure of third party records – Medical records – Confidentiality – Freedom of information and protection of privacy – Public interest Osif v. College of Physicians and Surgeons of Nova ...

WCB was required to disclose to a newspaper, the Halifax Herald Ltd., names of the 25 employers with highest employee injury incidence and answer related questions. While such disclosure would reveal labour relations information, it would not reveal information supplied by the employers, or if it did, the information was not information supplied in confidence. Disclosure could not reasonably be expected to significantly harm the employers’ competitive position or result in similar information no longer being supplied to the WCB. The disclosure of employers’ names would not constitute an unreasonable invasion of privacy of the injured workers and was, in all the circumstances, in the public interest.

23. December 2008 0
Administrative law – Workers Compensation Board – Disclosure of third party records – Confidentiality – Freedom of information and protection of privacy – Invasion of personal privacy – Personal information – definition – Judicial review – Disclosure – Compliance with legislation – Public interest Halifax Herald Ltd. v. Nova Scotia (Workers’ Compensation Board), [2008] N.S.J. ...

The Court dismissed a petition for a declaration that the sections of the Legal Professions Act, S.B.C. 1998, c.9 and the Law Society Rules allowing a practice review on a solicitor are inconsistent with the Constitution Act, 1982 and the Charter of Rights and Freedoms and are of no force and effect. The Court further refused to quash the decision of the Law Society’s Practice Standards Committee to conduct a practice review in respect of the Petitioner on the grounds that it was contrary to the principles of natural justice and made in bad faith.

24. May 2005 0
Administrative law – Barristers and solicitors – Boards and tribunals – Disciplinary proceedings – Charter of Rights – Application to disciplinary proceedings – Validity of legislation – Judicial review – Natural justice – Disclosure of third party records – Solicitor-client privilege Greene v. Law Society of British Columbia, [2005] B.C.J. No. 586, British Columbia Supreme Court, March 21, ...

With one exception, the decision of the Discipline Committee of the College of Physicians and Surgeons of Ontario (the “Committee”) to disclose confidential third party records pertaining to various complainants was confirmed

22. March 2005 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Decisions of administrative tribunals – College of Physicians and Surgeons – Judicial review – Disclosure of third party records – Relevance of information disclosed – Evidence – Standard of review – Reasonableness simpliciter College of Physicians and Surgeons of Ontario v. Au, [2005] O.J. No. 234, Ontario ...