An application was granted for an order of certiorari to quash a resolution of the Medical Advisory Committee of the Winnipeg Regional Health Authority that suspended the Applicant doctor’s medical staff privileges pending the outcome of a hearing into certain complaints against him. The Applicant’s privileges were re-instituted subject to certain conditions.

28. September 2004 0
Administrative law – Physicians and surgeons – Competence – Hospital privileges – Suspensions – Hearings – Judicial review – Natural justice – Procedural requirements and fairness – Administrative decisions – Bias – Remedies – Certiorari – Injunctions Fong v. Winnipeg Regional Health Authority, [2004] M.J. No. 299, Manitoba Court of Queen’s Bench, July 30, 2004, Beard J. The ...

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 2004 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. ...

Loblaws Supermarkets Ltd. (“Loblaws”) brought an application for a judicial review seeking an Order in the nature of prohibition preventing the Coroner from proceeding with an inquest into the death of Patrick Shand Jr. on the basis of unreasonable delay in commencing the inquest. The court dismissed the application, holding that Loblaws had not established that it would suffer significant prejudice if the hearing proceeded and that the delay was not inordinate and did not constitute an abuse of process.

Administrative law – Coroner’s inquest – Judicial review – Administrative tribunals – Delay – Stay of proceedings – Hearings – Unreasonable delay – Test Loblaws Supermarkets Ltd. v. Shand Inquest (Coroner of), [2004] O.J. No. 619, Ontario Superior Court of Justice, February 16, 2004, Swinton J. Patrick Shand Jr. died on September 14, 1999 while involved in ...

A physician (“Lee”) appealed his conviction by a Panel of the Discipline Committee of the College of Physicians and Surgeons of Ontario on a charge of sexually abusing a patient. The Ontario Divisional Court allowed the appeal and ordered a new hearing on the basis that the Panel denied Lee natural justice and procedural fairness in the hearing by refusing to engage in an O’Connor-type inquiry into the evidence of the complainant’s psychologist, whose clinical records were illegible.

25. November 2003 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Fairness – Decisions of administrative tribunals – College of Physicians and Surgeons – Evidence – O’Connor motion – Hearing de novo – Judicial review – Procedural requirements – Natural justice – Hearings – Disclosure Lee v. College of Physicians and Surgeons of Ontario, [2003] O.J. No. 3382, Ontario ...

A complainant to the Canadian Human Rights Commission (“Baltruweit”) was successful in his application to have the court overturn the decision of the Commission to dismiss his complaint at the investigative stage. The court held that the failure of the Commission to provide Baltruweit with the substance of the evidence of a legal opinion relating to the complaint was a breach of its duty of procedural fairness and the matter was referred back to the Commission for a re-determination.

28. January 2003 0
Administrative law – Human rights complaints – Discrimination – Disability – Evidence – Judicial review application – Breach of procedural fairness – Hearings – Disclosure – Solicitor-client privilege Baltruweit v. Canada (Attorney General), [2002] F.C.J. No. 1615, Federal Court of Canada – Trial Division, November 19, 2002, Gibson J. Baltruweit was employed by the Canadian Security Intelligence ...

A minister of the United Church (“Graham”) was unsuccessful in her application seeking judicial review of a decision by the Saskatchewan Conference of the Church (the “Conference”) to conduct a formal disciplinary hearing into Graham’s actions as a minister. The court held that the Conference was entitled to proceed despite the fact that decisions from an earlier “care and oversight” review by the Presbytery had been quashed, as the Conference had concurrent jurisdiction with Presbytery to conduct such a review and defects in the prior procedure could be cured by initiating a fresh process.

28. January 2003 0
Religious organizations – Governance – Church ministers – Disciplinary proceedings – Suspensions – Hearings – Judicial review – Breach of procedural fairness – Natural justice – Jurisdiction Graham v. United Church of Canada, [2002] S.J. No. 596, Saskatchewan Court of Queen’s Bench, November 15, 2002, Foley J. Graham was a minister of the United Church of Canada. ...

Stinchcombe succeeded in his appeal of the decision allowing the Law Society of Alberta to proceed with two charges against him relating to events occurring in 1986 and 1987. The Court held that Stinchcombe’s ability to defend the charges had been prejudiced by the Law Society’s inordinate and inexcusable delay and that this constituted a denial of natural justice.

Administrative law – Barristers and solicitors – Disciplinary proceedings – Boards and tribunals – Jurisdiction – Natural justice – Delay – Hearings – Disclosure – Judicial review – Standard of review- Correctness test Stinchcombe v. Law Society of Alberta, [2002] A.J. No. 544, Alberta Court of Appeal, April 26, 2002, Conrad, O’Leary and Paperny JJ.A. On ...

The applicant objected to appearing at a hearing to determine whether his name should be entered on the Child Abuse Register, arguing he was not a compellable witness and the Ministry had not met its disclosure obligations. His application was dismissed, as section 11 of the Charter did not apply to a witness in civil proceeding. Section 7 applied but was not infringed because it was done in accordance with the principles of fundamental justice. Stinchcombe disclosure obligations do not apply to the Crown in such proceedings.

26. March 2002 0
Administrative law – Charter of Rights – Hearings – Compellability of witness – Disclosure – Child abuse registers Nova Scotia (Minister of Community Services) v. D.J.M., [2002] N.S.J. No. 119, Nova Scotia Supreme Court (Family Division), March 4, 2002, Hood J. The Ministry of Community Services sought to have the name of D.J.M. placed on ...