The Applicant, Ms. Fitzpatrick, a physiotherapist, was disciplined by the Discipline Committee of the Respondent, Alberta College of Physical Therapists. Ms. Fitzpatrick unsuccessfully appealed the Discipline Committee’s decision to the Council of the College. Ms. Fitzpatrick then succeeded, in part, in appealing the Council’s decision to the Alberta Court of Appeal.

28. August 2012 0
Administrative law – Decisions of administrative tribunals – College of Physical Therapists – Physical Therapists – Disciplinary proceedings – Penalties and suspensions – Judicial review – Evidence – Standard of proof – Failure to provide reasons Fitzpatrick v. Alberta College of Physical Therapists, [2012] A.J. No. 680, 2012 ABCA 207, Alberta Court of Appeal, June ...

A man who worked in mining operations of Xstrata Canada Corporation (“Xstrata”) between 1979 and 1996 (“LeBlanc”) was successful on appeal from a decision of the Appeal Tribunal of the Workplace Health, Safety and Compensation Commission (“Appeals Tribunal”) for reimbursement of medical treatment related to heavy metals detected in his blood

24. July 2012 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Policies – Workers Compensation – Benefits – Hearings – Fairness  – Conduct of hearings – Independent expert – Judicial review – Witnesses – Evidence – Procedural requirements and fairness LeBlanc v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2012] N.B.J. No. 199, 2012 NBCA 49, New Brunswick Court of ...

The Human Rights Tribunal of Ontario (the “Adjudicator”) found that a police constable, Michael Shaw, (“Shaw”) discriminated against a Canada Post carrier, Ronald Phipps (“Phipps”) contrary to the Human Rights Code, RSO 1990 c.19 (the “Code”). Shaw’s appeal from the judicial review upholding the Adjudicator’s decision was dismissed.

24. July 2012 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Adjudication – Human rights complaints – Discrimination – Race – Police officers – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Toronto (City) Police Service v. Phipps, [2012] OJ 2601, 2012 ONCA 155, Ontario Court of ...

The staff of the Securities Commission appealed an order directing them to answer a discovery question. The appeal was allowed and the matter was remitted to the Commission. The dispute was a matter falling squarely within the regulatory mandate and expertise of the Commission.

22. May 2012 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Practice and procedure – Examination for discovery – Judicial review – Legislative compliance – Jurisdiction of court – Privilege and immunity – Evidence  – Disclosure – Relevance of information disclosed Nova Scotia (Securities Commission) v. Potter, [2012] N.S.J. ...

A municipal counsillor who previously expressed a definitive opinion on the topic of appeal ought to have been recused from hearing the appeal. Failure to recuse the counsillor resulted in the Alberta Court of Appeal granting leave to the applicant on the basis that there was a reasonable apprehension of bias.

22. May 2012 0
Administrative law – Decisions of administrative tribunals – Municipal Planning Commission – Permits and licences – Appeals and leave to appeal – Municipalities – By-laws – Judicial review – Evidence – Reasonable apprehension of bias – test Beaverford v. Thorhild (County No. 7), [2012] A.J. No. 288, 2012 ABCA 99, Alberta Court of Appeal, March 28, ...

The Appellant company successfully appealed the Respondent Panel’s decision to uphold an administrative penalty relating to trenching safety requirements. The Court of Appeal held the Panel breached its duty of procedural fairness in considering documents not in the possession of the Appellant.

22. May 2012 0
Administrative law – Decisions of administrative tribunals – Occupational Health and Safety Officer – Safety requirements – Penalties – Judicial review – Appeals – Procedural requirements and fairness – Natural justice – Evidence – Disclosure Sackville Trenching Ltd. v. Nova Scotia (Occupational Health and Safety Appeal Panel), [2012] N.S.J. No. 196, 2012 NSCA 39, Nova Scotia Court ...

The Ontario Divisional Court quashed the decision of the Human Rights Tribunal that a librarian discriminated against the black complainants by asking them in a lawyers’ lounge for the exclusive use by lawyers and law students to confirm they were lawyers. The Tribunal erred in finding a prima facie case of discrimination. There must be some link, or nexus, between membership in a protected group and the allegedly discriminatory act. A complainant must do more than identify himself as a member of a protected group and point to an act that negatively impacted on him. A complainant must establish a causal link. In this case, there was no evidence of distinction or differential treatment or that such treatment was motivated by race or colour. By failing to require complainants to satisfy the nexus requirement, the Tribunal erred by reversing the burden of proof and placed an impossible onus on the applicants to disprove discrimination.

24. April 2012 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights – Discrimination – Race – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Peel Law Assn. v. Pieters, [2012] O.J. No. 684, 2012 ONSC 1048, Ontario Superior Court of Justice, February 13, 2012, S. Chapnik, P.B. Hockin and ...

The Court of Appeal dismissed the Appellant’s appeal from a decision of the College of Physicians and Surgeons which imposed a global penalty on the Appellant for 31 counts of professional misconduct

27. March 2012 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Billing matters – Records – Penalties – Judicial review – Evidence Visconti v. College of Physicians and Surgeons of Alberta, [2012] A.J. No. 123, 2012 ABCA 46, Alberta ...

The Appellant (“Merck”) unsuccessfully appealed from a Federal Court of Appeal decision relating to an Access to Information Act request. The request related to certain documents submitted by Merck to the Respondent, Health Canada, when it sought approval to market the drugs.

27. March 2012 0
Administrative Law – Decisions of administrative tribunals – Government institution – Freedom of information and protection of privacy – Public bodies – Disclosure – Third parties – Notice – Judicial review – Compliance with legislation – Evidence – Standard of proof Merck Frosst Canada Ltd. v Canada (Health), [2012] S.C.J. No. 3, 2012 SCC 3, ...

This case concerned an employee who sustained a workplace injury and was granted a 5% permanent medical impairment as a result. Over twenty years later, additional medical information indicated that the employee’s injuries were more severe than originally appreciated. The employee thus sought a reconsideration of his original claim and an increase to his permanent medical impairment. The tribunal would not reconsider the original claim. The Court remitted the decision back to the tribunal for reconsideration. The Court found that the tribunal erred in its consideration of the criteria for new evidence, for reconsideration purposes, and summarized the appropriate test for the introduction of new evidence for reconsideration purposes.

28. February 2012 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Judicial review –  Evidence – Fresh evidence – admissibility Drake v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2012] N.S.J. No. 25, 2012 NSCA 6, Nova Scotia Court of Appeal, January 23, 2012, J.E. Fichaud, D.R. Beveridge and D.P.S. Farrar JJ.A. The ...