An appeal by an employer (“HJI”) from the decision of the Saskatchewan Human Rights Tribunal (the “Tribunal”) which held that HJI had discriminated against the female complainant on the basis of her sex was dismissed where the Court found that the conclusions reached by the Tribunal fell within the range of possible, acceptable outcomes based on the evidence and the findings of credibility, both of which were meticulously explained in the Tribunal’s decision

23. November 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Sexual harassment – Judicial review – Evidence – Similar fact evidence – Pattern of practice – Compliance with legislation – Procedural requirements and fairness – Natural justice – Standard of review – Reasonableness simpliciter Howard Johnson Inn v. Saskatchewan ...

The appellant, a psychologist, successfully appealed a decision of two counts of unprofessional conduct on the basis that the reasons provided in the prior appeal decision were inadequate. Not only were the reasons void of any explanation for the findings of professional conduct, but there was no line of analysis within the reasons that could have reasonably led to the ultimate conclusion.

23. November 2010 0
Administrative law – Decisions of administrative tribunals – College of Psychologists – Psychologists – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Investigations – Evidence – Failure to provide reasons Sussman v. College of Alberta Psychologists, [2010] A.J. No. 1157, 2010 ABCA 300, Alberta Court of Appeal, October 13, 2010, J.E.L. ...

The applicant was successful in seeking a judicial review order on the basis that the Canadian Human Rights Commission (“Commission”) did not conduct a sufficient/neutral investigation as it ignored crucial evidence and did not address several critical aspects of the applicant’s claim

23. November 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Investigations – Human rights complaints – Discrimination – Age – Employment law – Appointment – Judicial review – Procedural requirements and fairness – Bias – Evidence Hughes v. Canada (Attorney General), [2010] F.C.J. No. 1193, 2010 FC 963, Federal Court, September 27, 2010, ...

The Applicant, Ms. Fawcett, unsuccessfully brought an application for judicial review of a decision made by the Respondent, Canadian Chiropractic Examining Board, which refused to permit her to write an examination on June 12, 2010 as she did not apply for the exam or pay the required fee by the applicable deadline

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Canadian Chiropractic Examining Board – Chiropractors – Training requirements – Permits and licences – Examinations – Fees – Judicial review – Public body – definition – Discretion of delegated authority – Evidence – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Fawcett v. Canadian ...

Mr. Tsui, an employee of the Respondent, Canada Post, was unsuccessful in bringing an application for judicial review in respect of the Canadian Human Rights Commission’s decision to dismiss his complaint after an initial investigation

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Investigations – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Correctness Tsui v. Canada Post Corp., [2010] F.C.J. No. 1066, 2010 FC 860, Federal Court, August 30, 2010, O’Keefe J. The ...

The court awarded damages for mental distress after a student was unfairly expelled from a private school in Calgary

26. October 2010 0
Administrative law – Decisions of administrative tribunals – School boards – Expulsion of students – Judicial review – Procedural requirements and fairness – Natural justice – Evidence – Remedies – Damages – Mental distress J.O. v. Strathcona – Tweedsmuir School, [2010] A.J. No. 994, 2010 ABQB 559, Alberta Court of Queen’s Bench, September 2, 2010, ...

A notary unsuccessfully applied for judicial review of a decision terminating his membership in the Society of Notaries Public of British Columbia after he was found to have engaged in practice outside of his jurisdiction

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Society of Notaries – Notaries – Disciplinary proceedings – Practice outside of jurisdiction – Penalties and Suspensions – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice – Evidence – Sufficient notice – Failure to provide reasons Evans v. Society of Notaries ...

A physician (“Dr. Visconti”) succeeded in having some findings of professional misconduct dismissed and penalties for his remaining misconduct remitted back to the Council of the College of Physicians and Surgeons of Alberta (“the Council”) on appeal under s. 68 of the Medical Profession Act, R.S.A. 2000 c. M-11 (“MPA”)

29. September 2010 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Competence – Penalties and suspensions – Public interest – Policies – Notice requirements – Judicial review – Evidence – Natural justice – Procedural requirements and fairness ...

The obligation to provide notice to a person prior to the release of a commission report arises in respect of reports in which findings of fault or misconduct are made against an individual or corporation. Since the commission’s report in this case did not constitute a finding of fault or misconduct, the Court found no merit in the petitioner’s argument that the petitioner was deprived of procedural fairness because it was not given advance notice of the report in issue or an opportunity to respond to the findings of the report before it’s release.

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Commision of Inquiry – Commissioner – Notice requirements – Judicial review – Procedural requirements and fairness – Jurisdiction – Evidence Taser International, Inc. v. British Columbia (Commissioner), [2010] B.C.J. No. 1578, 2010 BCSC 1120, British Columbia Supreme Court, August 10, 2010, R.J. Sewell J. Mr. Dziekanski was ...

The Petitioner, Mr. Westergaard, successfully sought judicial review of a decision of the Financial Services Tribunal (the “Tribunal”). The Tribunal’s decision had upheld the decision of the Registrar of Mortgage Brokers cancelling Mr. Westergaard’s registration. The Respondent, Registrar of Mortgage Brokers, unsuccessfully brought its own petition for judicial review of the Tribunal’s decision that section 22(7) of the Mortgage Brokers Act applied to suitability hearings.

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Financial Services Tribunal – Registrar of Mortgage Brokers – Mortgage brokers – Penalties and suspensions – Competence – Hearings – Limitations – Judicial review – Evidence – Previous complaints – Compliance with legislation – Standard of review – Patent unreasonableness Westergaard v. British Columbia (Registrar of Mortgage ...