Alberta Court of Appeal affirms finding of unprofessional conduct and concludes sanction imposed on surveyor was not unreasonable

17. February 2017 0
Appeal from decision of Council of Alberta Land Surveyors’ Association from finding surveyor engaged in unprofessional conduct for removing a survey monument contrary to the provisions of the Land Surveyor’s Act. Administrative law – Conduct unbecoming – Correctness – Council of the Alberta Land Surveyors’ Association – Decisions reviewed – Disciplinary proceedings – Judicial Review – ...

Application to the Ontario Superior Court of Justice by the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario for a permanent injunction prohibiting the respondent from practicing traditional Chinese medicine, or holding herself out as doing so

19. November 2015 0
Administrative law – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Professional governance and discipline – Self-governing professions – Licence to practice – Registration – Public interest – Judicial review – Investigations – Compliance with legislation – Remedies – Injunctions College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario 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 Applicants (individual practitioners and their Association) were unsuccessful in challenging the Respondent Council’s registration regulation relating to the practice of Traditional Chinese Medicine

25. March 2014 0
Administrative law – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Governance – Self-governing professions – Charter of Rights and Freedoms – Judicial review – Compliance with legislation – Legislation – Ultra vires Yuan v. Transitional Council of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario, [2014] O.J. ...

A non-statutory organization that regulates the conduct of its members is not a government body and thus not subject to judicial review. The defendant Investment Regulatory Organization of Canada (“IROC”) is a voluntary industry organization recognized by the British Columbia Securities Commission as a self-regulatory organization pursuant to the Securities Act, RSBC 1996, c.418, to regulate standards of conduct within the securities industries. Its members agree to submit to its jurisdiction in relation to disciplinary matters. The plaintiff is a member of IROC and, in doing so, agreed to be bound by the Bylaws, Rules and Regulations of IROC and submit to its jurisdiction. While IROC is entitled to conduct a hearing into the professional activities of its members, such as the plaintiff, and impose a penalty if a contravention of its bylaws or member rules is proven, it is not a government body and its decisions are not subject to judicial review. Although the plaintiff commenced her proceedings by (Amended) Notice of Civil Claim, the relief sought (including asking the Court to enjoin IROC from making a decision and seeking declarations concerning the lawfulness of the conduct of an IROC hearing) was the language and substance of judicial review. The Court had no jurisdiction to allow her Amended Notice of Civil Claim to proceed.

25. September 2012 0
Administrative law – Decisions of administrative tribunals – Investment Regulatory Organization of Canada – Professions – Governance – Self-governing professions – Non-statutory organizations – Powers – Judicial review – Jurisdiction of court – Procedural requirements and fairness – Natural justice Steinhoff v. Investment Regulatory Organization of Canada, [2012] B.C.J. No. 1489, 2012 BCSC 1054, British ...

The Alberta Association of Architects (the “Association”)’s attempt to permanently enjoin Mr. Zul Boga (“Boga”) from practising architecture in future was found to be premature

27. September 2011 0
Administrative law – Decisions of administrative tribunals – Association of Architects – Architects – Disciplinary proceedings – Public interest – Competence – Training requirements – Remedies – Self-governing professions – Injunctions – Judicial review – Compliance with legislation Alberta Assn. of Architects v. Boga, [2011] A.J. No. 869, 2011 ABQB 482, Alberta Court of Queen’s ...

The decision of the Law Society of British Columbia’s Discipline Committee not to hold a discipline hearing, is not subject to judicial review

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Powers of Disciplinary Committee – Public interest – Judicial review – application – Availability – No reasonable cause of action – Remedies – Interlocutory injunctions – Availability – Self-governing professions Taylor v. Law Society of British Columbia, ...

It would take clear words from the legislature to deprive an investigator, in regard to a professional self-regulating body, of the powers necessary to carry out an investigation. In this case, the enabling statute stated that a licensee must “provide information that relates to the matters under investigation” and the court held that the plain meaning of these statutory words in their entire context and the purpose of the enabling act included that information may be collected orally.

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Law Societies – Investigations – Self-governing professions – Oral interview – Barristers and solicitors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Wise v. Law Society of Upper Canada, [2010] O.J. No. ...

On appeal, the College of Opticians of British Columbia (the “College”) succeeded in obtaining an injunction prohibiting two contact lens companies (“Coastal/Clearly”) from selling contact lenses to members of the public without securing written prescriptions in advance. Coastal/Clearly were given six months to become compliant with the applicable regulation before the injunction would take effect.

24. November 2009 0
Administrative law – Decisions of administrative tribunals – College of Opticians – Opticians – Public interest – Supervision – Judicial review – Compliance with legislation – Standard of review – Correctness – Remedies – Injunctions – Self-governing professions – Statutory provisions College of Opticians of British Columbia v. Coastal Contacts Inc., [2009] B.C.J. No. 2099, ...

The Appellant Hearing Aid Practitioner, Gedge, unsuccessfully appealed the decision of the Respondent Board, which penalized him for some of his conduct as a hearing aid practitioner

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Hearing Aid Practitioners Board – Hearing Aid Practitioners – Disciplinary proceedings – Penalties and Suspensions – Competence – Public interest – Judicial review – Self-governing professions – Jurisdiction – Compliance with legislation – Procedural requirements and fairness – Bias Gedge v. Hearing Aid Practitioners Board, [2009] N.J. ...