The issuance of a building permit was unreasonable because the drawings were not made in compliance with the Architects Act

15. September 2020 0
Administrative law – Decisions reviewed – Municipal Board – Rules and by-laws – Building permits – Judicial review – Legislative compliance – Public interest – Standard of review – Reasonableness – Engineers and architects Architectural Institute of British Columbia v. Langford (City), [2020] B.C.J. No. 886, 2020 BCSC 801, British Columbia Supreme Court, May 29, ...

The Court denied a vexatious litigant (pharmacist) leave to appeal a decision that denied his reinstatement application for his pharmacy license on the basis that it was an abuse of process and there were no reasonable grounds for it

22. December 2015 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Governance – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Licence to practice – Reinstatement – Judicial review – Appeals – Leave to appeal – Abuse of process – Jurisdiction – Compliance with legislation – Rules and by-laws – Standard ...

A Committee’s decision finding a psychologist/registrant guilty of professional misconduct for failing to use the term “non practicing” in his advertising was upheld by the Saskatchewan Court of Appeal

22. December 2015 0
Administrative law – Decisions of administrative tribunals – College of Psychologists – Psychologists – Governance – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Licence to practice – Unauthorized practice – Advertising – Judicial review – Compliance with legislation – Rules and by-laws – Standard of review – Reasonableness simpliciter – Correctness Sydiaha v. ...

Lawyer was suspended after not satisfying Law Society’s requirement to complete 12 CPD hours per year. Lawyer challenged the validity of the CPD rules on the basis that the Law Society did not have authority to enact the mandatory rules, and the rules violate the rules of natural justice because they give the Law Society the authority to enact a suspension without a hearing or right of appeal. The court was satisfied that the powers set out in the Legal Profession Act are broad enough to allow for the creation of a mandatory CPD program, and held that the rules, with the penalty of a suspension, are procedurally proportionate to the gravity of the non-compliance offence. The court found that a disciplinary hearing process, such as the kind that accompanies allegations of professional misconduct, is not necessary in CPD non-compliance matters, and that the lack of a hearing and right of appeal do not constitute breaches of the procedural fairness rules.

24. February 2015 0
Administrative law – Decisions of administrative tribunals – Law Societies – Powers under legislation – Self-governing professions – Rules and by-laws – Barristers and solicitors – Training requirements – Continuing Professional Development – Disciplinary proceedings – Penalties – Public interest – Judicial review – Procedural requirements and fairness – Natural justice Green v. Law Society ...

The BC Supreme Court struck down bylaws passed by the College of Pharmacists which prohibited the use of incentive programs in pharmacies. The court found that the College’s decision to pass the bylaws fell outside the range of possible acceptable outcomes, given the competing public interests and the College’s ability to pass bylaws that are narrower in scope to address their reasonable concerns. The bylaws were found to be overbroad and their net effect was found to be harmful to the public interest in obtaining pharmacy services and prescriptions at the lowest price.

23. September 2014 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Professional governance and discipline – Rules and by-laws – Change of by-laws – Public interest – Incentive programs – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Sobeys West Inc. v. College of Pharmacists ...

The appellant engineer argued that his appeal of the Discipline Committee’s professional misconduct findings should be an appeal de novo, and not an appeal on the record. The Council of the Association determined the appeal would be based on the record, and the judicial review application judge upheld that decision. The Court of Appeal dismissed the appellant’s interlocutory appeal of the application judge’s ruling because it did not meet the criteria of “exceptional circumstances” to justify the Court’s interlocutory intervention in the ongoing administrative process.

22. April 2014 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Rules and by-laws – Hearing de novo – Judicial review – Appeals Dorn v. Assn. of Professional Engineers and Geoscientists of Manitoba, [2014] M.J. No. 63, 2014 MBCA 25, Manitoba Court of Appeal, March 3, 2014, H.C. ...

The Applicant, Mr. Dorn, unsuccessfully sought judicial review of a decision of the Respondent’s council. That decision said that his appeal of a discipline committee decision was on the record, and not a hearing de novo.

24. September 2013 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Rules and by-laws – Engineers – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Hearings – Hearing de novo – Judicial review – Appeals – Compliance with legislation – Standard of review – Reasonableness simpliciter Dorn v. Assn. of Professional Engineers ...

Applicant unsuccessfully applied to set aside a decision of the Rentalsman who had refused to issue a Notice to Quit on the respondent tenant due to improvements made to the property. Decision was held to be within range of acceptable outcomes and reasonable.

Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Rules and by-laws – Conduct of tenant – Residential tenancy agreements – Termination – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter Nethervue Park Ltd. v. MacKinnon, [2013] N.B.J. No. 21, 2013 ...

A paralegal was unsuccessful in his motion for stay of suspension of a licence to practice

Administrative law – Decisions of administrative tribunals – Law Societies – Paralegals – Licence to practice – Accreditation – Misrepresentation – Stay of suspension – Public interest – Judicial review – Rules and by-laws – Interpretation Vincent v. Law Society of Upper Canada, [2011] O.J. No. 397, 2011 ONSC 476, Ontario Superior Court of Justice, ...

A medical student was unsuccesful in his application for the prerogative writ of certiorari as it is only available to a student who has been denied natural justice in the course of academic examinations

Administrative law – Decisions of administrative tribunals – University Committees – Rules and by-laws – Universities – Students – Assessment of grades – Judicial review – Jurisdiction – Procedural requirements and fairness – Remedies – Certiorari Sahi v. University of Saskatchewan, [2011] S.J. No. 59, 2011 SKQB 49, Saskatchewan Court of Queen’s Bench, January 28, ...