The Law Enforcement Review Board erred in considering only a partial record in setting aside the Chief of Police’s dismissal of a complaint of misconduct against a police officer and directing the Chief to hold a hearing. The decision was reviewed on a reasonableness standard. Given the inordinate delay, the Court declined to remit the matter back to the Board for further consideration.

25. October 2011 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Hearings – Evidence – Judicial review – Delay – Standard of review – Reasonableness simpliciter Eltom v. Alberta (Law Enforcement Review Board), [2011] A.J. No. 1017, 2011 ABCA 260, Alberta Court ...

The Court ordered that a de novo hearing by the Director of Companies (Manitoba) involving fresh evidence was required for accountability and for justice to be seen to be done and further that no costs should be ordered against either the Director or the respondent either by the Court of Appeal or the lower court

25. October 2011 0
Administrative law – Decisions of administrative tribunals – Director of Companies Office – Business names – Hearings – Hearing de novo – Judicial review – Failure to provide reasons – Costs Brian Neil Friesen Dental Corp. v. Director of Companies (Manitoba), [2011] M.J. No. 268, 2011 MBCA 71, Manitoba Court of Appeal, August 26, 2011, ...

The Court set aside the decision of the Chambers judge which held that a WCB Medical Review Panel’s decision was unreasonable and dismissed the respondent’s petition for judicial review

25. October 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Psychological injury – employment related – Hearings – Judicial review – Procedural requirements and fairness – Evidence Bagri v. British Columbia (Workers’ Compensation Board), [2011] B.C.J. No. 1691, 2011 BCCA 368, British Columbia Court of Appeal, September 8, ...

The Applicants, BP Canada and Inter Pipeline Fund, were granted leave to appeal a decision of the Energy Resources Conservation Board in respect of approvals it granted to a different company, Taylor Processing Inc.

27. September 2011 0
Administrative law – Natural resources – Oil and gas – Contracts – Hearings – Conduct of hearings – Decisions of administrative tribunals – Energy Resources Conservation Board – Judicial review – Appeals – Failure to provide reasons – Natural justice – Procedural requirements and fairness – Witnesses Inter Pipeline Fund v. Alberta Energy Resources Conservation ...

Dr. Marvin Sazant (“Dr. Sazant”) was unsuccessful on appeal from an interim and final decisions of the Discipline Committee of the College of Physicians and Surgeons of Ontario (“the College”) that had revoked his licence to practice medicine, and ordered costs against him for professional misconduct arising out of historical sexual conduct with three young males

29. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Powers of investigator – Physicians and surgeons – Disciplinary proceedings – Sexual relations with patients – Penalties – Charter of Rights and Freedoms – Search and seizure – Remedies – Charter relief – Availability – Legislation – Ultra vires ...

A disciplinary decision made by the Council of the British Columbia Veterinary Association, without a meeting, is overturned on the basis that the process followed did not accord with the Association’s Bylaws

22. March 2011 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Rules and by-laws – Adherence to by-laws – Veterinarians – Disciplinary proceedings – Hearings – Conduct of hearings – Judicial review – Bias – Procedural requirements and fairness Bhullar v. British Columbia Veterinary Medical Association, [2011] B.C.J. No. 235, 2011 BCSC 182, British Columbia ...

An application for production of documents from a decision maker in the context of a judicial review application is denied

22. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Veterinarians – Hearings – Conduct of hearings – Judicial review – Application – Bias – test – Disclosure – Relevance of information disclosed – Discretion of court Brar v. College of Veterinarians of British Columbia, [2011] B.C.J. No. 267, 2011 BCSC 215, British Columbia Supreme ...

The Appellant (the Council of the Saskatchewan Veterinary Medical Association) unsuccessfully brought an appeal to set aside the decision of a Chambers judge, which had set aside its finding of unprofessional conduct against the Respondent, John Philip Murray

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Hearings – Conduct of hearings – Veterinarians – Professional governance and discipline – Professional misconduct or conduct unbecoming – Judicial review – Compliance with legislation – Standard of review – Correctness – Witnesses – Evidence – Procedural requirements and fairness Murray v. Saskatchewan Veterinary ...

The Petitioner company unsuccessfully brought a petition for judicial review in respect of the Respondents’ position of penalties regarding the Petitioner’s timber harvesting

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Penalties – Natural resources – Forestry – Timber licences – Hearings – Right to hearing – Judicial review – Compliance with legislation – Powers under legislation – Natural justice 656632 British Columbia Ltd. v. British Columbia (Minister of Forests and Range), [2010] B.C.J. No. ...

The appeal by Telus from a CRTC decision was dismissed where the Court found that Telus was not denied procedural fairness as an intervener in the decision-making process

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Canadian Radio-Television and Telecommunications Commission – Hearings – Parties – Intervenor status – Judicial review – Procedural requirements and fairness Telus Communications Co. v. Canada (Canadian Radio-Television and Telecommunications Commission), [2010] F.C.J. No. 927, 2010 FCA 191, Federal Court of Appeal, July 19, 2010, Evans, Pelletier and ...