The Court allowed, in part, an appeal by the Law Society from an order of the Appeal Panel of the Law Society setting aside decisions of a Hearing Panel of the Discipline Committee

22. May 2007 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Hearings – Interpretation of Evidence – Failure to provide adequate reasons – Witnesses – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter – ...

The Court dismissed a teacher’s application for judicial review of a decision by the College of Teachers awarding costs against the teacher for a disciplinary hearing. The Court held that the decision to award costs against the teacher may have marked a change in the College’s attitude concerning costs, but that the College was entitled to modify its position concerning collection of costs.

22. May 2007 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Regulatory powers of tribunals – Costs – Right to award costs – Hearings – Conduct of hearings – Judicial review – Procedural requirements and fairness – Natural justice – Failure to provide reasons – Standard of review – Reasonableness simpliciter Adolphe v. British Columbia College of ...

The Court allowed an appeal from two decisions of the Benchers of the Law Society, concluding that the Appellant had acted incompetently in permitting a witness to swear an affidavit and imposing a reprimand. The Panel had erred by making a finding of incompetence when that issue was not before the Panel, making a finding of fact on no evidence, and failing to follow proper procedure in amending the citation.

24. April 2007 0
Administrative law – Decisions of administrative tribunals – Law Societies – Hearings – Conduct of hearings – Barristers and solicitors – Disciplinary proceedings – Judicial review – Evidence – Compliance with legislation – Jurisdiction – Natural justice – Procedural requirements and fairness – Standard of review – Patent unreasonableness Sheddy v. Law Society of British Columbia, [2007] ...

Without a statutory right of appeal, the Chief of Police is precluded from seeking judicial review of a decision made by one of his delegates under the Police Services Act

27. March 2007 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Disciplinary proceedings – Hearings – Judicial review – Appeals – Stay of proceedings – Procedural requirements and fairness – Compliance with legislation Watson v. Catney, [2007] O.J. No. 231, Ontario Court of Appeal, January 26, 2007, J.I. Laskin, J.C. MacPherson and S.E. Lang JJ.A. ...

The Applicant Consumers’ and Seniors’ Associations challenged a rate increase granted by virtue of an interim ex parte order of the Respondent Public Utilities Board of Manitoba. The Applicants brought a motion for certiorari to quash the order on both procedural and substantive grounds. They were successful in the Court of Queen’s Bench. The Board appealed. The Manitoba Court of Appeal allowed the appeal, and held that the learned motions judge ought not to have granted the Applicants’ motion of certiorari when there was an adequate alternative remedy available, namely to participate in the General Rate Application process.

27. February 2007 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Hearings – Ex parte orders – Judicial review – Remedies – Alternative remedies Consumers’ Assn. of Canada (Manitoba) Inc. v. Manitoba (Public Utilities Board), [2006] M.J. No. 464, Manitoba Court of Appeal, December 18, 2006, Huband, Twaddle and Hamilton JJ.A. A rate increase granted ...

The Applicant sought relief from the Court from an Appeal Tribunal that upheld the decision of a Board of Judges that found the Applicant was in violation of the Rules of Racing established by Horse Racing Alberta. The Court found that the appropriate standard of review was correctness. The Court quashed the Appeal Tribunal’s decision, and granted an Order of mandamus directing that there be no further action taken against the Applicant.

27. February 2007 0
Administrative law – Decisions of administrative tribunals – Horse Racing – Hearings – Conduct of hearings – Judicial review – Evidence – Admissibility – Procedural requirements and fairness – Standard of review – Correctness – Remedies – Mandamus Hennessy v. Horse Racing Alberta, [2006] A.J. No. 1613, Alberta Court of Queen’s Bench, December 15, 2006, Sanderman J. The ...

The Petitioner sought judicial review of a decision of an Adjudicator of the Superintendent of Motor Vehicles confirming an administrative driving prohibition. The BCSC held that the standard of review was patent unreasonableness. The Court concluded that the Adjudicator’s decision was patently unreasonable and remitted the matter to re-hearing.

27. February 2007 0
Administrative law – Motor vehicles – Breathalyser test – Suspension of driver’s licence – Adjudication – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Hearings – Conduct of hearings – Judicial review – Evidence – Admissibility – Procedural requirements and fairness – Standard of review – Patent unreasonableness Swanson v. British Columbia (Superintendent of Motor Vehicles), ...

The Court dismissed an appeal by the Petitioner from the dismissal of its application for judicial review of the process that culminated in the issuance to the Respondent developer of an Environmental Assessment Certificate. The Court found that the Chambers Judge had not erred in finding that the Environmental Assessment Office (EAO) had not breached its duty to provide procedural fairness in the environmental assessment or in finding that the EAO’s agent had afforded the Petitioner a meaningful hearing.

27. February 2007 0
Administrative law – Environmental issues – Environmental Assessment Certificate – Hearings – Conduct of hearings – Judicial review – Procedural requirements and fairness – Natural justice – Bias R.K. Heli-Ski Panorama Inc. v. Jumbo Glacier Resort Project, [2007] B.C.J. No. 16, British Columbia Court of Appeal, January 8, 2007, Saunders, Levine and Smith JJ.A. The Respondent has ...

The appeal by the Superintendent of Motor Vehicles from an order quashing a decision confirming Bahia’s prohibition was allowed where the Court held that the failure of the Superintendent to provide legible copies of certain documents to Bahia was not fatal to the administrative process involved in issuing a driver’s prohibition

23. January 2007 0
Administrative law – Judicial review application – Practice and procedure – Adjournment – Motor vehicles – Breathalyser test – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Hearings – Failure to produce records Bahia v. British Columbia (Superintendent of Motor Vehicles), [2006] B.C.J. No. 2948, British Columbia Court of Appeal, November 16, 2006, Southin, Rowles ...

The Court dismissed the appeal by the Director of Ontario Disability Support Program from a decision by the Divisional Court allowing Crane’s appeal from the denial of her claim for disability benefits and ordering a new hearing.

23. January 2007 0
Administrative law – Decisions of administrative tribunals – Disability Support Program – Hearings – Appeals – Judicial review – Evidence – Natural justice Crane v. Ontario (Director, Disability Support Program), [2006] O.J. No. 4546, Ontario Court of Appeal, November 15, 2006, K.N. Feldman, J.C. MacPherson and R.J. Sharpe, JJ.A. Crane applied for disability benefits on May 28, ...