The appeal by a geoscientist (“Salway”) from a decision dismissing his application for judicial review of a Stipulated Order under which he admitted unprofessional conduct and agreed to a disciplinary regime other than the one provided for in the Engineers and Scientists Act, R.S.B.C. 1996, c. 116 was allowed where the Court found that the Association had no jurisdiction to adopt the Stipulated Order procedure

Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Governance – Functions of a self-governing body – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Jurisdiction of Association – Compliance with legislation Salway v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2009] B.C.J. ...

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 ...

Three graduates of non-Canadian dentistry schools (the “Applicants”) were unsuccessful in their applications for judicial review of the decisions of the Alberta Dental Association and College and the associated Council denying their registration and licensing attempts to become dentists who could practice in Alberta

28. December 2004 0
Administrative law – Dentists – Governance – Licence to practice – Examinations – Foreign graduates – Decisions of administrative tribunals – Dental Association and College – Judicial review – Standard of review – Patent unreasonableness – Limitations Patterson v. Alberta Dental Assn. And College, [2004] A.J. No 1162, Alberta Court of Queen’s Bench, October 14, 2004, ...

The Petitioner, the Association of Professional Engineers and Geoscientists of British Columbia (the “APEGBC”) had standing to bring the Petition since the enabling legislation separated the investigative, prosecutorial and adjudicative functions of the APEGBC. The clear purpose of the Act was to establish the independence and impartiality of the three functions. The Petitioner was not seeking to recover judgment against itself; rather it was seeking a determination of the correctness of a ruling made by a statutorily created panel with distinct functions and responsibilities. However, the court could not conclude that the panel’s decision represented an error on the face of the record.

27. July 2004 0
Administrative law – Engineers – Governance – Functions of a self-governing body – Discipline committee decisions – Statutory provisions – Judicial review – Compliance with legislation – Remedies – Certiorari Assn. of Professional Engineers and Geoscientists of British Columbia v. Visser, [2004] B.C.J. No. 1053, British Columbia Supreme Court, May 25, 2004, Cullen J. The APEGBC sought, ...

The founder and chair of a Vancouver based brokerage house (“Smolensky”), petitioned for prerogative and Charter relief to preclude the Securities Commission from hearing an allegation of insider trading made against him. The hearing was to be convened to consider the imposition of sanctions against Smolensky. The court held that judicial review of the situation should not be granted, given that the Securities Act contained a privative clause providing that no application for a judicial review under the Judicial Review Procedure Act could be instituted against the Commission or an officer of the Commission for an act done in good faith in the exercise or intended exercise of any power under the Securities Act. The court further held that the judicial review was precluded by the court’s decision in Pezim, where it was determined that the Notice of Hearing was not issued pursuant to an exercise of a statutory power. Smolensky’s application for Charter relief was also denied on the grounds that section 148 of the Securities Act, which prohibits a person from disclosing except to their own lawyer any information or evidence obtained or sought to be obtained with respect to Securities Commission investigations and audits against them, did not violate sections 2, 7, 8, 11 or the Preamble of the Canadian Charter of Rights and Freedoms.

28. October 2003 0
Administrative law – Stock brokers – Disciplinary proceedings – Governance – Penalties – Suspensions – Judicial review application – Privative clauses – Compliance with legislation – Remedies – Self-governing professions – Charter of Rights – Discrimination – Validity of legislation Smolensky v. British Columbia (Securities Commission), [2003] B.C.J. No. 1805, British Columbia Supreme Court, July 29, 2003, ...

Dr. Anstead was unsuccessful in his application for a judicial review of the decision of the executive committee of the College of Physicians and Surgeons of Saskatchewan appointing a competency committee. The court held that Dr. Anstead failed to establish that the committee conducting the assessment had violated confidentiality requirements of the by-laws or otherwise exceeded its jurisdiction in reporting its concerns to the College.

23. September 2003 0
Administrative law – Physicians and surgeons – Governance – Competence committee – Confidentiality of findings – Jurisdiction – Public interest – Judicial review application Anstead v. College of Physicians and Surgeons of Saskatchewan, [2003] S.J. No. 463, Saskatchewan Court of Queen’s Bench, May 26, 2003, G.A. Smith J. Anstead was a registered physician with the College ...

Gill was successful in having the Court of Appeal set aside the decision of the B.C. Securities Commission that the newly formed CDNX stock exchange had jurisdiction to discipline Gill for alleged breaches of the rules of the Vancouver Stock Exchange, a predecessor to the CDNX

23. September 2003 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Compliance with rules and by-laws – Jurisdiction – Stock brokers – Disciplinary proceedings – Governance – Restructuring of stock exchanges – Survival of contracts – Judicial review – Standard of review – Correctness Gill v. Canadian Venture Exchange Inc., [2003] B.C.J. No. 1767, British Columbia Court ...

A resident (“the resident”) in a housing co-operative appealed the decision of the general membership to terminate her membership in the co-operative, and to require her to vacate the unit. The court concluded that the co-op observed the principals of natural justice in terminating the resident’s membership and that the decision to terminate the membership was supported by the facts. Although the co-op refused to listen to all of the Resident’s evidence at the hearing, the court concluded that the co-operative had been reasonable in the way they dealt with the hearing and had complied with the Co-operative Association Act, R.S.B.C. 1999, c. 28 and the rules of natural justice in coming to their decision to evict the resident.

Administrative law – Housing co-operatives – Governance – Membership – Termination – Judicial review – Natural justice DaCosta v. City Edge Housing Co-operative, [2003] B.C.J. No. 571, British Columbia Supreme Court, March 14, 2003, Baker J. Ms. DaCosta and her children were residents of the City Edge Housing Co-operative (“the Co-op”). Ms. DaCosta was in a ...

A dentist (“Violette”), applied for judicial review of the decision of the New Brunswick Dental Society, in which the Society ordered that Violette be prohibited from treating patients with TMJ disorder and from practising orthodontics. The New Brunswick Court of Queen’s Bench dismissed the application, holding that the Court should not review the decision of the Discipline Committee when the Applicant had available other avenues of review which he had not pursued.

Administrative law – Dentists – Disciplinary proceedings – Governance – Judicial review – Self-governing professions Violette v. New Brunswick Dental Society, [2003] N.B.J. No. 129, New Brunswick Court of Queen’s Bench, March 26, 2003, Garnett J. Violette argued that the Board did not have legal training, and so he should not have to pursue his option ...

The defendant doctors were successful on an application for summary dismissal of the plaintiff doctor’s action for defamation with respect to letters written to the College of Physicians and Surgeons of British Columbia about the plaintiff’s medical practices

Administrative law – Physicians and surgeons – Governance – Statutory provisions – Disciplinary proceedings – Defamation – Boards and tribunals – Absolute privilege – Qualified privilege Schut v. Magee, [2003] B.C.J. No. 102, British Columbia Supreme Court, January 20, 2003, Kirkpatrick J. The plaintiff doctor brought an action against the defendant doctors and members of the ...