The motion by the Chief of Defence Staff, Minister of National Defence and the Attorney General of Canada to strike the Applicants’ Notice of Application was dismissed where the Court held that the application for judicial review was not bereft of any chance of success

26. December 2007 0
Administrative law – National defence – Transfer of Afghan detainees – Torture – Charter of Rights and Freedoms – Prisons – Protection of inmates – Judicial review – Public interest – Standing – Evidence Amnesty International Canada v. Canada (Canadian Forces), [2007] F.C.J. No. 1460, Federal Court, November 5, 2007, Mactavish J. Amnesty International and ...

The application of the Association and Graduate Students’ Union (the “Association”) for relief in relation to the Governing Council’s decision to increase a compulsory student fee was dismissed where the Court found that the process involved in approving the fees reflected the hallmarks of a fair process

23. October 2007 0
Administrative law – Universities – Governance – Fees – Judicial review – Procedural requirements and fairness – Evidence Assn. of Part-Time Undergraduate Students of the University of Toronto v. University of Toronto, [2007] O.J. No. 3231, Ontario Superior Court of Justice, August 28, 2007, B.A. Allen J. At the University of Toronto, a process had ...

The Ontario Racing Commission (the “Commission”) was successful in its appeal from the Divisional Court’s Judicial Review decision overturning the Commission’s earlier decision finding Austin guilty of having provided an improper (cold) urine sample

23. October 2007 0
Administrative law – Decisions of administrative tribunals – Horse Racing – Drivers – Testing for illegal substances – Horse racers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Hearings – Evidence – Judicial review – Bias Austin v. Ontario (Racing Commission), [2007] O.J. No. 3249, Ontario Court of Appeal, August 30, 2007, M. Rosenberg, ...

The City of Calgary’s application for leave to appeal three decisions of the Alberta Energy and Utilities Board was allowed where the Court found that special circumstances existed that justified extending the time for filing the appeals and it was arguable that the Board did not take certain evidence into account

25. September 2007 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Appeals – Leave to appeal – Fee increases – Jurisdiction – Judicial review – Evidence – Limitations Calgary (City) v. Alberta (Energy and Utilities Board), [2007] A.J. No. 880, Alberta Court of Appeal, August 3, 2007, C. Conrad J.A. The City of Calgary ...

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, ...

A teacher appealed the College’s decision finding him guilty of conduct unbecoming a member of the profession, for off-duty conduct in which the teacher fired a shot over the heads of his sons during a domestic dispute. The Court allowed the appeal, finding that the panel had failed to address how the impugned conduct had any effect on the school system or on the teacher’s ability to carry out his professional obligations, and that the College’s reasons did not address his conduct that led to the conclusion that discipline was warranted.

28. August 2007 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Criminal charges – Decisions of administrative tribunals – College of Teachers – Appeals – Judicial review – Standard of review – Reasonableness simpliciter – Correctness – Evidence – Off-duty conduct Fountain v. British Columbia College of Teachers, [2007] B.C.J. No. 1260, British Columbia Supreme ...

The Alberta Court of Appeal held that the Workers’ Compensation Appeals Commission (“WCA”) was patently unreasonable in its finding as to when a worker’s accident ceased to be the cause of the worker’s injury. Workers’ Compensation Policy ADJ-39 is properly interpreted as to only require a disability to be the result of an emotional reaction, not that the injury be an emotional reaction. WCA’s analysis was unreasonable because it limited coverage by relying on factors that the Policy requires to be used to extend coverage.

28. August 2007 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Psychological injury – employment related – Test – Benefits – Judicial review – Evidence – Compliance with legislation – Standard of review – Correctness Shuchuk v. Alberta (Workers’ Compensation Board, Appeals Commission), [2007] A.J. No. 725, Alberta Court of Appeal, July 10, ...

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. ...

A man who had been found not guilty by reason of insanity for a first-degree murder he committed in his teens (“Leyshon-Hughes”) applied to quash decisions of the Ontario Review Board (the “Board”) adjourning his annual Review Board hearing and mandating provision of further medical evidence as to his risk of reoffending, and for an order requiring the ORB to establish a new Review Board panel to proceed forthwith with his annual Review Board hearing

24. July 2007 0
Administrative law – Criminal charges – Inmates Not Criminally Responsible for their crimes – Decisions of administrative tribunals – Review Board – Adult in need of protection – Danger to public – Mental health – Substitute decision maker – Judicial review – Application for intervenor status – Adjournment of hearing – Evidence – Procedural requirements and fairness – Natural ...

The Applicant applied for an order in the nature of certiorari to quash the decision of the Attorney General not to proceed with criminal charges against two individuals. The Court dismissed the application on the basis that there was no evidence of “flagrant impropriety”.

26. June 2007 0
Administrative law – Decisions of Attorney General – Prosecutorial discretion – Judicial review – Standard of review – Flagrant impropriety – Evidence – Statutory provisions – Criminal Code – Charter of Rights and Freedoms Chen v. Alberta, [2007] A.J. No. 458, Alberta Court of Queen’s Bench, April 24, 2007, W.E. Wilson J. The Applicants were followers of the ...