Pursuant to sections 75 and 76 of the of the Health Professions Procedural Code (the “Code”), which is Schedule 2 of the Regulated Health Professions Act, 1991, S.O. 1991, c. 18 (the “Act”), investigators appointed by the College of Physicians and Surgeons of Ontario have the power to require observation of surgery conducted by members under investigation, require a member to participate in an interview, and compel a member to answer questions put by investigators. Applications for judicial review of the appointment of an investigator were dismissed on the basis that they were premature, as the investigations had only begun looking into the physicians’ practices and no disciplinary actions had been taken.

25. November 2008 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Professional misconduct – Incompetence – Investigations – Powers of investigators – Judicial review application – Striking out – Premature – Compliance with legislation – Statutory interpretation Gore v. College of Physicians and Surgeons of Ontario, [2008] O.J. ...

The Court held that Section 49 of the Residential Tenancy Act, S.B.C. 2002, c. 78 could not be read so as to give landlords the discretion to terminate tenancies on the sole basis that they would be financially advantaged in having vacant possession. Where an Arbitrator makes a finding of fact that the renovation sought by the landlord did not require vacant possession, the rational and reasonable decision is that vacancy notices should not be granted in favour of the landlord.

Administrative law – Decisions of administrative tribunals – Arbitration Board – Landlord and tenant – Residential tenancy agreements – Vacancy notices – Judicial review – Compliance with legislation – Statutory interpretation Allman v. Amacon Property Management Services Inc., [2007] B.C.J. No. 433, British Columbia Court of Appeal, March 6, 2007, Levine, Thackray and Lowry JJ.A. The landlord ...

The Court restored a sanction of dismissal against a municipal police officer who pleaded guilty to several criminal offences. The police officer’s criminal conduct was subject to separate sanctions provided for in the Cities and Towns Act and the Police Act. The majority of the Court held that the sanctions under the Police Act and the Cities and Towns Act overlapped and came into conflict. The Court held that in the case of conflict, the provisions in the Police Act should prevail over the provisions in the Cities and Towns Act as those provisions are more recent and more specific than those in the Cities and Towns Act.

Administrative law – Decisions of administrative tribunals – Arbitration Board – Police – Disciplinary proceedings – Penalties and suspensions – Judicial review – Compliance with legislation – Statutory interpretation – Conflict of legislation Lévis (City) v. Fraternité des policiers de Lévis Inc., [2007] S.C.J. No. 14, Supreme Court of Canada, March 22, 2007, McLachlin C.J. and Bastarache, ...

The Applicant, Mo’s Sport’s Parlour, applied for a judicial review of the Board (the “Board”) of the Alberta Gaming and Liquor Commission’s (the “Commission”) decision cancelling its licence which permitted it to operate a bar, serve liquor and have specified gaming machines in the bar. Applying the standard of review of reasonableness simpliciter, the Alberta Court of Queen’s Bench held that the Commission did not breach the rules of natural justice by refusing to allow the Applicant to ask certain questions on cross-examination of a witness. It also concluded that there was a thread of reason through the Commission’s written reasons supporting this conclusion. The Court dismissed the Application for judicial review.

28. November 2006 0
Administrative law – Decisions of administrative tribunals – Gaming and Liquor Commission – Permits and licences – Hearings – Conduct of hearings – Judicial review – Procedural requirements and fairness – Natural justice – Evidence – Witnesses – Compliance with legislation – Statutory interpretation – Standard of review – Reasonableness simpliciter Mo’s Sports Parlour (2000) Ltd. v. ...

The decision of the Respondent Deputy Minister of Health to terminate Pharmacy Participation Agreements made between PharmaCare and the Petitioner pharmacies was the exercise of a statutory power of decision; it did not arise from the common law powers that the Crown enjoys as a natural person. The Petitioners were entitled to seek judicial review of the decision under the British Columbia Judicial Review Procedure Act. The duty of procedural fairness owed to the Petitioners was not met by the Respondent. Certiorari was granted, the decision to terminate the Pharmacy Participation Agreements was quashed and the matter was remitted to the Respondent for reconsideration.

27. June 2006 0
Administrative law – Pharmacists – Decisions of administrative tribunals – Ministerial orders – Policies – Statutory provisions – Pharmacy Participation Agreements – Judicial review – Procedural requirements and fairness – Legislation – Compliance with legislation – Statutory interpretation – Standard of review – Reasonableness simpliciter – Remedies – Certiorari Delivery Drugs Ltd. (c.o.b. Gastown Pharmacy) v. British ...

VIA Rail succeeded in appealing a finding of the Canadian Transport Agency (the “Agency”) that the VIA Rail meal distribution policy constituted an undue obstacle to the mobility of a passenger who used an electric wheelchair (“Sikand”)

28. March 2006 0
Administrative law – Human rights complaints – Discrimination – Disability – Decisions of administrative tribunals – Canadian Transportation Agency – Obstacle to the mobility of a passenger – Discrimination – Judicial review – Jurisdiction of tribunal – Statutory interpretation – Compliance with legislation – Standard of review – Correctness Via Rail Canada Inc. v. Canada (Canadian Transportation ...

A majority of the Court found that the Defendant Board had exceeded its jurisdiction by requiring the Appellant Public Utility to distribute the net gain from the sale of assets, in part, to its ratepaying customers

Administrative law – Natural resources – Natural gas – Powers under legislation – Decisions of administrative tribunals – Energy and Utilities Board – Sale of assets – Judicial review – Jurisdiction – Statutory interpretation – Legislative compliance – Public interest – Standard of review – Correctness ATCO Gas & Pipelines Ltd. v. Alberta (Energy & Utilities Board), ...

The Court allowed an appeal of a company that had sought redress from the Workers’ Compensation Board and the Workers’ Compensation Appeals Tribunal after it had lost considerable money over the years after being assigned an incorrect classification under the Act. The WCB and WCAT had erred in concluding that they did not have the discretion to contemplate a calculation of the Appellant’s over-assessment to a date earlier than the year in which the correction was made.

24. January 2006 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Industry classification – Assessment – Statutory interpretation – Judicial review – Compliance with legislation – Standard of review – Correctness Thermo Dynamics Ltd. v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2005] N.S.J. No 475, Nova Scotia Court of Appeal, November 23, 2005, E.A. Roscoe, ...

The Court held that the Workers’ Compensation Board (“WCB”) was not entitled to withhold payment of a 1989 continuing award because of the worker’s 1991 receipt of settlement funds from his employer

25. January 2005 0
Administrative law – Workers compensation – Benefits – Statutory provisions – Statutory interpretation – Damages – Settlement monies from other jurisdictions – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Jurisdiction – Compliance with legislation – Standard of review – Correctness Dipersio v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2004] N.S.J. No. 442, Nova ...

A teacher (“Fox”) appealed from the decision of the BC College of Teachers (the “College”) to proceed with a formal inquiry where the complaint by the school board which instigated the report to the College was rescinded after a grievance. The court dismissed the appeal, holding that the provisions of the Teaching Professions Act, R.S.B.C. 1986, c. 449 (the “Act”) indicated that the legislature did not intend that the jurisdiction of the College would be ousted if a grievance procedure was successful.

28. December 2004 0
Administrative law – Teachers – Disciplinary proceedings – Decisions of administrative tribunals – College of Teachers – Judicial review – Jurisdiction of tribunal – Compliance with legislation – Statutory interpretation – Standard of review – Correctness Fox v. British Columbia College of Teachers, [2004] B.C.J. No. 2322, British Columbia Supreme Court, November 8, 2004, Ehrcke J. ...