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 ...

The appeal by an operator of a coal-fired electricity generator (“Milner”) from a decision of the Alberta Energy and Utilities Board (the “Board”) to refuse to investigate or hold a hearing arising from a complaint lodged by Milner was allowed where the complaint had arguable merit

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Utility and Review Board – Rules and by-laws – Natural resources – Electricity – Loss of electricity – Line Loss Rule – Judicial review – Investigations – Compliance with legislation – Statutory interpretation – Complaints lacking merit – Definition Milner Power Inc. v. Alberta (Energy and Utilities ...

The appeal by an investment dealer (“Golden Capital”) from a British Columbia Securities Commission (the “Commission”) decision finding the dealer’s self-regulatory organization was entitled to full access to its records for the purpose of an investigation was allowed when the Court found that the Commission lost sight of the true question which was whether or not full access was reasonably required for the investigation of the allegations against the dealer

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Rules and by-laws – Stock brokers – Disciplinary proceedings – Judicial review – Investigations – Compliance with legislation – Disclosure – Relevance of information disclosed – Standard of review – Reasonableness simpliciter Golden Capital Securities Ltd. v. Investment Industry Regulatory Organization of Canada, [2010] ...

A mortgage broker (“Broers”) was successful in obtaining judicial review of the decision of the Executive Director of the Real Estate Council of Alberta (“RECA”) where the Court found that the Executive Director improperly cancelled Broers mortgage licence in a summary manner rather than proceeding pursuant to Part 3 of the Real Estate Act, R.S.A. 2000, c. R-5 (the “Act”)

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Real Estate Council – Registrar of Mortgage Brokers – Powers under legislation – Rules and by-laws – Validity of legislation – Permits and licences – Notice requirements – Public interest – Judicial review – Compliance with legislation – Natural justice – Procedural requirements and fairness Broers v. ...

City Council of Brampton was entitled to delegate to its Licensing Committee the power to make recommendations respecting a determination as to whether a “body rub parlour license” should be issued to the applicant. In making the recommendation, the Licensing Committee was required to hold a hearing. However, the City Council was entitled to accept such a recommendation without holding a further hearing in accordance with the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22.

23. December 2008 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Rules and by-laws – Municipalities – Permits and licences – Planning and zoning – Judicial review – Compliance with legislation – Statutory interpretation – Versions of legislation – Validity – Procedural requirements and fairness – Discretion of delegated authority 1673233 Ontario Inc. (c.o.b. Eurohaven ...

A respiratory therapist (“Chaudhary”) successfully petitioned for a Declaration that the Canadian Society of Respiratory Therapists (“the Society”) had no jurisdiction to proceed with a disciplinary action against him given that he was a former member of the Society

26. June 2007 0
Administrative law – Decisions of administrative tribunals – Respiratory Therapists – Rules and by-laws – Retrospective operation – Disciplinary proceedings – Jurisdiction to hear a complaint – Former member – Judicial review Chaudhary v. Canadian Society of Respiratory Therapists, [2007] B.C.J. No. 692, British Columbia Supreme Court, April 4, 2007, Garson J. Chaudhary is a respiratory ...

The Court prohibited the appointment by both the Applicant Physician and Respondent Authority of certain individuals to an Appeal Committee, on the basis that those appointments would give rise to a reasonable apprehension of bias

28. March 2006 0
Administrative law – Decisions of administrative tribunals – Physicians and surgeons – Competence – Penalties and Suspensions – Medical Advisory Committee – Rules and by-laws – Judicial review – Natural justice – Bias Fong v. Winnipeg Regional Health Authority, [2006] M.J. No. 25, Manitoba Court of Queen’s Bench, January 10, 2006, Greenberg J. The Applicant is ...

An appeal of a decision of the Ontario Securities Commission was dismissed as the Court held that the decision of the Commission was reasonable

26. July 2005 0
Administrative law – Stock brokers – Disciplinary proceedings – Penalties – Decisions of administrative tribunals – Investment Dealers Association – Rules and by-laws – Judicial review – Standard of review – Reasonableness simpliciter Derivative Services Inc. v. Investment Dealers Assn. of Canada, [2005] O.J. No. 2118, Ontario Superior Court of Justice, May 25, 2005, R.T.P. Gravely, ...

The Court quashed a bylaw adopted by the Regional District of Comox-Strathcona (the “Regional District”) where the Court found that the Regional District failed to comply with the requirements of the Local Government Act (the “Act”) as the views expressed by the Petitioner (“Pacific Playground”) were not reported by the delegated directors to the other directors prior to their vote to adopt the bylaw

28. June 2005 0
Administrative law – Municipalities – Planning and zoning – Change of by-laws – Validity – Public hearings – Judicial review – Compliance with legislation – Rules and by-laws – Procedural requirements and fairness – Jurisdiction Pacific Playground Holdings Ltd. v. Comox-Strathcona (Regional District), [2005] B.C.J. No. 941, British Columbia Supreme Court, April 27, 2005, Ehrcke J. ...

The Applicant’s application to declare the Respondent City’s noise bylaw invalid on constitutional grounds was dismissed. With respect to the application for judicial review, the court held that the City’s decision not to renew the Applicant’s business licence was unimpeachable on a standard of correctness as the licensing inspector had just and reasonable grounds for denying the Applicant its business licence.

24. May 2005 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Rules and by-laws – Charter of Rights – Validity of noise by-law – Permits and licences – Renewal of business licence – Judicial review – Jurisdiction – Standard of review – Correctness 1022049 Alberta Ltd. v. Medicine Hat (City), [2005] A.J. No. 320, Alberta Court of Queen’s ...