The Province of Ontario (“Ontario”) was partly successful on appeal of a motion judge’s order to stay its Superior Court application on the ground that an arbitration process ought to have been followed in a dispute with Imperial Tobacco (“Imperial”) regarding the scope and effect of a release Ontario provided as a term of settlement of a civil claim against Imperial

27. September 2011 0
Administrative law – Arbitration – Scope of arbitration agreement – Arbitrators – Jurisdiction – Class proceedings – Settlements – Releases – Judicial review – Stay of proceedings – Parties – Remedies – Declaratory relief Ontario v. Imperial Tobacco Canada Ltd., [2011] O.J. No. 3392, 2011 ONCA 525, Ontario Court of Appeal, July 20, 2011, S.T. ...

An application to stay a coroner’s inquest, pending determination of judicial review of coroner’s refusal to expand scope of inquest or grant leave for certain witness to be called, was dismissed

Administrative law – Decisions of administrative tribunals – Coroner’s inquest – Judicial review – Stay of proceedings Ontario (Provincial Advocate for Children and Youth) v. Anderson Inquest (Coroner of), [2011] O.J. No. 2521, 2011 ONSC 3354, Ontario Superior Court of Justice, June 3, 2011, Lederer J. Diane Anderson and two of her children died in ...

The Respondent had commenced disciplinary proceedings against the Appellants aimed at denying their rights to hold office or participate in Association voting. The Appellants had applied for a judicial review of the proceedings which was stayed by the chambers judge pending the outcome of the disciplinary proceedings. That decision was overturned on appeal based on the Court’s finding that the balance of convenience weighed in favour of staying the disciplinary proceedings and allowing the judicial review.

Administrative law – Associations and clubs – Governance – Disciplinary proceedings – By-laws – Elections – Voting rights – Judicial review – Applications – Jurisdiction – Stay of proceedings – Test Voorhorst v. Canadian Soccer Assn., [2011] A.J. No. 205, 2011 ABCA 74, Alberta Court of Appeal, March 4, 2011, J.E.L. Côté and M.B. Bielby ...

The appellant, Ms. Seidel, successfully appealed a decision of the BC Court of Appeal, which held that her action against the respondent, TELUS, should be stayed because of an arbitration clause in her contract

Administrative law – Class proceedings – Contracts – Arbitration agreements – Stay of proceedings – Jurisdiction – Compliance with legislation – Consumer protection – Public interest Seidel v. TELUS Communications Inc., [2011] S.C.J. No. 15, 2011 SCC 15, Supreme Court of Canada, March 18, 2011, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein ...

The Applicant accountant (“Kawula”) unsuccessfully brought an application for judicial review in respect of the Respondent Institute’s decision to proceed with a hearing regarding her conduct

Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Investigations – Accountants – Disciplinary proceedings – Competence – Judicial review – Stay of proceedings – Limitations – Procedural requirements and fairness – Natural justice – Delay – Jurisdiction to hear a complaint – Judicial review application – Striking out – Premature ...

The Applicant Nishnawbe Aski Nation (“NAN”) was successful in obtaining a stay of the Inquest into the death of Reggie Bushie pending the determination of an Application for Judicial Review of decisions relating to the selection of the jury for the Inquest

Administrative law – Decisions of administrative tribunals – Coroner – Coroner’s inquest – Public interest – Judicial review – Compliance with legislation – Stay of proceedings – Jury selection – Witnesses – Aboriginal issues Nishnawbe Aski Nation v. Eden, [2009] O.J. No. 2458, Ontario Superior Court of Justice, May 29, 2009, A. Karakatsanis J. Reggie ...

The appeal by the Law Society of Upper Canada from a decision setting aside a finding of professional misconduct and the imposition of disbarment of a lawyer (“Igbinosun”) was dismissed where the Court found that the Hearing Panel had denied Igbinosun natural justice by refusing to adjourn proceedings to permit counsel to attend

Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and suspensions – Hearings – Conduct of hearings – Judicial review – Procedural requirements and fairness – Natural justice – Delay – Stay of proceedings Igbinosun v. Law Society of ...

The Court allowed the appeal of the Applicant Police Commissioner (the “Commissioner”) from the decision of a motions judge who held that the disciplinary proceedings brought against the Respondents MacDonald and Jevons should not be stayed pending the outcome of the Commissioner’s application to prohibit the adjudicator from hearing the disciplinary proceeding

27. January 2009 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Disciplinary proceedings – Adjudicators – Removal – Judicial review – Stay of proceedings – Procedural requirements and fairness – Jurisdiction Ontario (Commissioner, Provincial Police) v. MacDonald, [2008] O.J. No. 5053, Ontario Superior Court of Justice, December 11, 2008, J.D. Cunningham A.C.J.S.C.J., K.E. ...

The Court held that the application of the Applicant actuary was premature. The Applicant was subject to disciplinary proceedings by the Respondent self-governing professional association and brought an application to stay the proceedings for inordinate delay. The Court held that the disciplinary process of the Respondent had to run its course before the Applicant could bring an application for judicial relief.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Canadian Institute of Actuaries – Actuaries – Disciplinary proceedings – Professional governance and discipline – Professional misconduct / conduct unbecoming – Judicial review application – Premature – Delay – Stay of proceedings – Jurisdiction of tribunal – Remedies – Alternative remedies A.D.M. v. Canadian Institute of Actuaries, ...

A decision of an appellate administrative tribunal, from which an unqualified right of appeal to an appellate court exists, on the issue of how long it should take a professional self-regulating disciplinary body to prosecute a disciplinary proceeding, is one which should be reviewed on a standard of reasonableness

26. August 2008 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Judicial review – Investigations – Delay – Standard of review – Reasonableness simpliciter – Privative clauses – Stay of proceedings Hennig v. Institute of Chartered Accountants of Alberta, [2008] A.J. No. 707, 2008 ABCA 241, Alberta Court ...