Investment Industry Regulatory Organization of Canada (IIROC)

21. August 2015 0
Appeal from Ontario Securities Commission decision upholding finding of conduct unbecoming a registrant by the Investment Industry Regulatory Organization of Canada. Administrative law – Admissibility – Conduct of Hearings – Conduct unbecoming – Decisions of administrative tribunals – Evidence – Hearings – Investment Regulatory Organization of Canada – Judicial Review – Procedural requirements and fairness ...

Appeal from Ontario Securities Commission decision upholding finding of conduct unbecoming a registrant by the Investment Industry Regulatory Organization of Canada

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Investment Regulatory Organization of Canada – Securities Commission – Stock brokers – Professional governance and discipline – Professional misconduct / conduct unbecoming – Hearings – Conduct of hearings – Judicial review – Standard of review – Reasonableness simpliciter – Procedural requirements and fairness – Evidence – admissibility Northern ...

The applicant constable contested the standard of proof under the Police Services Act, arguing the applicable standard of proof was “clear and convincing evidence,” rather than balance of probabilities

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Judicial review – Compliance with legislation – Evidence – Standard of proof Jacobs v. Ottawa (City) Police Service, [2015] O.J. No. 2689, 2015 ONSC 2240, Ontario Superior Court of Justice, May 27, 2015, P.T. Matlow, T.R. ...

A registered nurse (“Heffel”) was unsuccessful on appeal to the Northwest Territories Supreme Court from a decision of the Board of Inquiry under the Nursing Profession Act

23. June 2015 0
Administrative law – Decisions of administrative tribunals – Registered Nurses Association – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Training requirements – Judicial review – Standard of review – Reasonableness simpliciter – Evidence – Bias Heffel v. Registered Nurses Assn., [2015] N.W.T.J. No. 22, 2015 NWTSC 16, Northwest Territories ...

A physician (“Dr. Coull”) succeeded on appeal from an order of the Council of the College of Physicians and Surgeons (the “College”)

23. June 2015 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Judicial review – Evidence Coull v. College of Physicians and Surgeons of Prince Edward Island, [2015] P.E.I.J. No. 20, 2015 PECA 6, Prince Edward Island Court ...

The Applicant, the Government of Yukon, successfully sought judicial review of a decision of the Respondent, Licensed Practical Nurses Advisory Committee

26. May 2015 0
Administrative law – Decisions of administrative tribunals – Licensed Practical Nurses – Nurses – Disciplinary proceedings – Competence – Complaints lacking merit – Judicial review – Compliance with legislation – Evidence – Burden of proof Yukon v. O.G., [2014] Y.J. No. 109, 2014 YKSC 52, Yukon Territory Supreme Court, October 24, 2014, C. Kenny J. ...

Appeal from decision of Law Society Tribunal Appeal Division from penalty of licence revocation

28. April 2015 0
Administrative law – Decisions of administrative tribunals – Law Societies – Permits and licences – Barristers and solicitors – Professional misconduct – Disciplinary proceedings – Penalties and suspensions – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Kelly v. Law Society of Upper Canada, [2015] O.J. No. 921, 2015 ONSC 886, Ontario ...

The community association successfully applied for judicial review of a decision by the City of Vancouver and Development Permit Board approving a rezoning bylaw and issuing a development permit for construction of a 36-storey mixed use tower. The court quashed the bylaw and development permit, and directed new hearings, finding that the public hearing process was flawed. The bylaw and development permit arose out of a negotiation between the city and developer for a land exchange proposal, whereby the parties would swap properties across the street from one another and the developer would renovate its former building to provide the city with affordable housing units and obtain rezoning of the former city building so that it could construct a 36-storey tower. The court found that the procedure adopted by the city was unfairly restrictive and directed new hearings which would permit concerned citizens to address the whole project, including the essence and value of the land exchange to the city and its residents.

24. March 2015 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Change of by-laws – Planning and zoning – Notice and consultation – Hearings – Conduct of hearings – Disclosure of documents – Judicial review – Procedural requirements and fairness – Evidence Community Assn. of New Yaletown v. City of Vancouver, ...

A successful appeal by a physician (Dr. Swart) with respect to the Respondent College’s decision that he was unfit to practice

24. February 2015 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Physicians and Surgeons – Disciplinary proceedings – Competence – Professional misconduct / conduct unbecoming – Penalties – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Reasonableness simpliciter Swart v. College of Physicians and ...

Lawyer found guilty of conduct unbecoming a lawyer after he lost touch with his pro bono client and was unable to reach him when the plaintiff brought a summary judgment motion against him four years after an attempted mediation. The lawyer appealed the Law Society’s decision, but his appeal was dismissed.

24. February 2015 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct – Judicial review – Standard of review – Reasonableness simpliciter – Evidence Hesje v. Law Society of Saskatchewan, [2015] S.J. No. 2, 2015 SKCA 2, Saskatchewan Court of Appeal, January 8, 2015, R.K. Ottenbreit, N.W. Caldwell and M.J. ...