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 ...

The Applicant, a lawyer who had been disciplined and disbarred, applied to the court for relief given the Law Society’s unwillingness to direct his application for readmission to the Law Society to the Admissions Committee due to costs owed to the Law Society

21. August 2015 0
A lawyer was disciplined and disbarred, and the costs of the disciplinary hearing were ordered against him. He did not pay the costs and later declared bankruptcy and was subsequently discharged. Several years later he applied for readmission to the Law Society. The Law Society said his application could not be considered by the Admissions ...

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 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, ...

Application by public interest advocacy groups for leave to intervene as amicus curiae in an appeal from decision dismissing involuntarily detained patient’s habeas corpus application

22. July 2014 0
Administrative law – Hearings – Parties – Judicial review – Application for intervenor status – Adult in need of protection – Charter of Rights and Freedoms – Remedies – Habeas corpus P.S. v. Ontario, [2014] O.J. No. 2853, 2014 ONCA 160, Ontario Court of Appeal, February 28, 2014, J.I. Laskin J.A. The appellant was involuntarily detained at ...

A gastroenterologist (“Dr. Gopinath”) secured a ruling from the Health Professions Appeal and Review Board (“Appeal Board”) renewing his privileges without condition. The Toronto East General Hospital (the “Hospital”) was unsuccessful on an appeal where it attempted to restore the earlier decision of the Hospital Board denying him privileges unless he signed an undertaking and agreement to participate in the Physician Health Program (“PHP”).

24. June 2014 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Hearings – Hearing de novo – Physicians and Surgeons – Hospital privileges – Disruptive behaviour – Judicial review – Standard of review – Reasonableness simpliciter – Evidence Toronto East General Hospital v. Gopinath, [2014], O.J. No. 2248, 2014 ONSC 2731, Ontario Superior Court ...

The applicant landlord unsuccessfully sought leave to appeal a decision of the Residential Tenancies Commission which required him to pay compensation to the respondent tenants

27. May 2014 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Termination – Judicial review – Appeals – Leave to appeal – Compliance with legislation – Hearings – Procedural requirements and fairness Chong v. Wan, [2014] M.J. No. 97, 2014 MBCA 35, Manitoba Court of Appeal, April 16, 2014, B.M. ...

The Applicant Optometrist was unsuccessful in seeking judicial review of the Respondent College’s decision not to disclose an expert opinion to him before deciding to refer a complaint to its hearing committee

25. March 2014 0
Administrative law – Decisions of administrative tribunals – College of Optometrists – Optometrists – Professional governance and discipline – Disciplinary proceedings – Competence – Hearings – Disclosure – Evidence – Judicial review – Investigations – Procedural requirements and fairness Levesque v. Nova Scotia College of Optometrists, [2014] N.S.J. No. 28, 2014 NSSC 22, Nova Scotia ...

The appellant appealed a Chambers Judge’s decision denying her application for judicial review, on the ground that the Chambers Judge refused to adjourn the judicial review application in order for her to obtain a transcript of the hearing before the Human Rights Tribunal. The appeal was dismissed. In fact, no application to adjourn was made to the judge. The judge made a finding of fact that the appellant was advised that she could order a transcript and was told how, but she had not done so. Because a transcript of the Tribunal hearing could be obtained, filing an affidavit setting out the alleged procedural fairness issues was unnecessary and inadmissible. In any event, the judge was satisfied based on the Tribunal’s written reasons that the allegations that the hearing had been unfair were unsustainable and having a transcript would not alter the result of the proceedings before him. There was no error of principle.

25. February 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Hearings – Fairness – Appeals – Practice and procedure – Adjournment – Judicial review – Procedural requirements and fairness – Evidence Caster v. Walter F. Evans (1973) Ltd., [2013] B.C.J. No. 2741, 2013 BCCA 529, British Columbia ...

The Law Enforcement Review Board of Alberta overturned a Presiding Officer’s decision at a disciplinary hearing to terminate the employment of a constable who had admitted to 8 counts of misconduct. The Board held that the Presiding Officer’s failure to give weight to the impact of the constable’s depression on his misconduct, on which a psychologist gave expert evidence, was unreasonable, and it reinstated the constable’s employment. On appeal, the Court of Appeal held that the Board erred when it failed to properly apply the reasonableness standard to the Presiding Officer’s decision. The Board substituted its own decision for a reasonable decision of the Presiding Officer.

28. January 2014 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Penalties and suspensions – Hearings – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Camrose (City) Police Service v. MacDonald, [2013] A.J. No. 1333, 2013 ABCA 422, Alberta Court of ...