The appellant strip club successfully appealed the dismissal of its judicial review application of the City of Hamilton’s licensing committee’s decision to revoke its adult entertainment license for failure to actively carry on business within a reasonable time. The Court of Appeal found that the City’s failure to provide proper disclosure of the basis of the proposed revocation and an accurate statement of grounds tainted the hearing from the outset and denied the appellant’s right to a fair hearing. This failure to comply with its obligation of procedural fairness was sufficient to set aside the licensing committee’s recommendation and council’s decision adopting it.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Permits and licences – Renewal of business licence – By-laws – Hearings – Conduct of hearings – Disclosure – Evidence – Judicial review – Procedural requirements and fairness – Natural justice 1657575 Ontario Inc. (c.o.b. Pleasures Gentlemen’s Club) v. Hamilton (City), [2008] O.J. No. ...

Two individuals applied to the Court for review of decisions of the Information and Privacy Commissioner which refused to accept their information requests. The Court decided, as a preliminary matter, that it had jurisdiction to review the decisions of the Commissioner, as his role was not such as to bring him within the sphere of legislative or parliamentary privilege.

23. September 2008 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Parliamentary privilege – Freedom of information and protection of privacy – Disclosure – Production of records – Judicial review – Jurisdiction McBreairty v Newfoundland and Labrador (Information and Privacy Commissioner), [2008] N.J. No. 229, Newfoundland and Labrador Supreme Court – Trial Division, February 6, ...

The Court of Appeal allowed the appeal of the National Parole Board from the inmate’s successful habeas corpus application in respect of the Board’s process. The Supreme Court erred in hearing the habeas corpus application because the Board’s statutory appeal process had not been exhausted.

22. July 2008 0
Administrative law – National Parole Board hearings – Remedies – Habeas corpus – Judicial review – Disclosure – Procedural requirements and fairness L.R.F. v. Canada (National Parole Board), [2008] N.S.J. No. 252, Nova Scotia Court of Appeal, June 18, 2008, N.J. Bateman, L.L. Oland and J.E. Fichaud JJ.A L.R.F. (the “Offender”) was convicted of several ...

The Court ordered that a publication ban relating to an assessor’s report of Dr. Menon’s practice be dissolved where it was not satisfied that Dr. Menon had established that the salutary effects of the continuing ban outweighed its deleterious effects

27. May 2008 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Publication ban – Physicians and surgeons – Disciplinary proceedings – Competence – Suspensions – Judicial review – Disclosure – Evidence – Compliance with legislation Menon v. College of Physicians and Surgeons of New Brunswick, [2008] N.B.J. No. 124, New Brunswick Court ...

There is no statutory immunity afforded to the Crown in respect of an order sought by the Law Society of Upper Canada authorizing its investigator to seize a Crown brief which included wire tap evidence in the possession of the RCMP to assist in the investigation of a lawyer for professional misconduct. The doctrine of intrajurisdictional immunity did not insulate the RCMP from an order for search and seizure given the importance of the public interest protected by the Law Society and s.8(2)(c) of the Privacy Act, R.S.C., 1985, c.P-21, that says the federal government’s obligation to keep information confidential is subject to court orders affecting those documents.

22. April 2008 0
Administrative law – Barristers and solicitors – Criminal investigations – Judicial review – Disclosure – Public interest – Evidence – Crown agents – Royal Canadian Mounted Police – Jurisdiction – Intrajurisdictional immunity – Freedom of information and protection of privacy – Public bodies Law Society of Upper Canada v. Canada (Attorney General), [2008] O.J. No. ...

The appeal by the Registrar of Mortgage Brokers from the decision of the Financial Services Tribunal that overturned the Registrar’s finding that a sub-mortgage broker (“Matick”) breached s. 17.3 of the Mortgage Brokers Act, R.S.B.C. 1996, c. 313 by failing to disclose his wife’s position as an employee of T.D. Canada Trust, was dismissed

25. September 2007 0
Administrative law – Decisions of administrative tribunals – Registrar of Mortgage Brokers – Mortgage brokers – Disciplinary proceedings – Penalties and suspensions – Public interest – Judicial review – Disclosure – Evidence – Compliance with legislation – Standard of review – Correctness – Patent unreasonableness Registrar of Mortgage Brokers v. Financial Services Tribunal, [2007] B.C.J. No. 1670, ...

The court declined to quash the decision of the Discipline Panel of the Association of Professional Engineers and Geoscientists of British Columbia (the “APEGBC”) which had made a finding of unprofessional conduct on the part of the Appellant as a result of him signing, sealing and submitting structural drawings for a building permit and preparing support design calculations which did not conform to the British Columbia Building Code. The court held that the charge was sufficiently particularized and there was no merit to the allegation that the Panel found misconduct based on elements not enumerated in the charge. While the Respondent did breach a duty to disclose documentation, the Appellant’s right to make full answer and defence was not impaired as a result. It was not unreasonable for the Panel to find that the Appellant demonstrated unprofessional conduct and there was no error in the penalty imposed.

27. July 2007 0
Administrative law – Engineers – Disciplinary proceedings – Competence – Professional misconduct or conduct unbecoming – Evidence – Penalties – Suspensions – Judicial review – Administrative decisions – Hearings – Natural justice – Disclosure – Standard of review – Correctness – Reasonableness simpliciter Familamiri v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2004] B.C.J. ...

An appeal by Roeder from the dismissal of his action as an abuse of process was dismissed. There is no cause of action for breach of the rules of procedural fairness. The proper remedy for “process allegations” is judicial review.

24. July 2007 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Conflict of interest – Hearings – Disclosure – Delay – Procedural requirements and fairness – Judicial review – Abuse of process – Appeals – Remedies – Alternative remedies Roeder v. Lang Michener Lawrence & Shaw, [2007] B.C.J. No. 501, British Columbia Court of Appeal, March 14, ...

An appeal by Roeder from the dismissal of his action as an abuse of process was dismissed. There is no cause of action for breach of the rules of procedural fairness. The proper remedy for “process allegations” is judicial review.

24. July 2007 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Conflict of interest – Hearings – Disclosure – Delay – Procedural requirements and fairness – Judicial review – Abuse of process – Appeals – Remedies – Alternative remedies Roeder v. Lang Michener Lawrence & Shaw, [2007] B.C.J. No. 501, British Columbia Court of Appeal, March 14, ...

The appeal by a nurse (Tomaszewska) of a decision of the Discipline Committee of the College of Nurses of Ontario finding that she had committed acts of professional misconduct was dismissed where the Court held that Tomaszewska had not been denied procedural fairness in the hearing and the penalty was not patently unreasonable

26. June 2007 0
Administrative law – Decisions of administrative tribunals – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Hearings – Disclosure – Judicial review – Procedural requirements and fairness – Fresh evidence – admissibility Tomaszewska v. College of Nurses of Ontario, [2007] O.J. No. 1731, Ontario Superior Court of Justice, May 3, ...