The appeals by the Plaintiff fishermen from an application Judge’s decision striking their actions on the ground that they constituted a challenge to the ministerial decisions over which the Supreme Court of Newfoundland had no jurisdiction, was allowed in part, and the Court ordered that stays should have been entered pending judicial review before the Federal Court

25. March 2008 0
Administrative law – Fisheries – Licence applications – Duty of Crown employees – Judicial review – Jurisdiction of court – Ministerial orders – Stay of proceedings Donovan v. Canada (Attorney General), [2008] N.J. No. 36, Newfoundland and Labrador Supreme Court – Court of Appeal, February 5, 2008, B.G. Welsh, M. Rowe and L.D. Barry The ...

The Court dismissed an appeal by an accused from an order of committal and application for judicial review of the decision of the Minister of Justice to surrender the Appellant to the Republic of Hungary. The Court found that the extradition judge’s questions, although of limited relevance, did not give rise to a reasonable apprehension of bias and the Minister of Justice had not erred in consulting with the Minister of Citizenship and Immigration.

26. December 2007 0
Administrative law – Ministerial decisions – Extradition – Judicial review – Stay of proceedings – Evidence – Reasonable apprehension of bias – Procedural requirements and fairness Hungary v. Horvath, [2007] O.J. No. 4077, Ontario Court of Appeal, October 24, 2007, M.J. Moldaver, J.C. MacPherson and P.S. Rouleau JJ.A. The accused, Horvath, appealed from on order ...

Without a statutory right of appeal, the Chief of Police is precluded from seeking judicial review of a decision made by one of his delegates under the Police Services Act

27. March 2007 0
Administrative law – Decisions of administrative tribunals – Police Commission – Police – Disciplinary proceedings – Hearings – Judicial review – Appeals – Stay of proceedings – Procedural requirements and fairness – Compliance with legislation Watson v. Catney, [2007] O.J. No. 231, Ontario Court of Appeal, January 26, 2007, J.I. Laskin, J.C. MacPherson and S.E. Lang JJ.A. ...

The Court refused the applicant’s leave to appeal the Respondent Commission’s interlocutory ruling and the Commission was entitled to proceed against the Applicant, notwithstanding that the CDNX exchange had imposed penalties on him in respect of the same underlying conduct. The Applicant’s other grounds of appeal were deemed premature, as the Court lacked a factual basis for granting appeal.

27. June 2006 0
Administrative law – Stock brokers – Disciplinary proceedings – Hearings – Stay of proceedings – Decisions of administrative tribunals – Securities Commission – Delay – Abuse of process – Judicial review – Appeals and leave to appeal – Jurisdiction Smolensky v. British Columbia (Securities Commission), [2006] B.C.J. No. 727, British Columbia Court of Appeal, March 24 2006, ...

The applicant directors (the “Applicants”) of a venture capital corporation successfully applied for leave to appeal on issue of whether the fact that the Manitoba Securities Commission (the “Commission”) was named as a co-defendant in a class action suit with the Applicant was sufficient to raise a reasonable apprehension of bias on the part of the Commission, and if so, would it be appropriate to grant a stay of the proceedings before the Commission pending a disposition of the class action suit. The Applicants had an arguable case, and the nature of the objection to proceeding before the Commission was of general public interest because of the importance of impartiality and independence in courts and administrative tribunals.

28. February 2006 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Investigations – Director of corporation – Judicial review – Appeals – Procedural requirements and fairness – Reasonable apprehension of bias – Stay of proceedings – Standard of review – Correctness Curtis v. Manitoba Securities Commission, [2006] M.J. No. 1, Manitoba Court of Appeal, January 10, ...

The Court dismissed the appeal of Psychologist “Y” from the decision of the lower Court dismissing his assertion that the Nova Scotia Board of Examiners had no jurisdiction to pursue charges against him. The Court of Appeal held that an Order of prohibition was a drastic remedy to be used only in the clearest of cases and, in this case, it was desirable to have a full hearing and a determination of the issues on the merits. It was not clear that the Board had no authority to continue with the proceeding.

22. November 2005 0
Administrative law – Decisions of administrative tribunals – Board of Examiners of Psychologists – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Accreditation – Misrepresentation – Jurisdiction of tribunal – Judicial review – Stay of proceedings – Remedies – Prohibition – Availability Psychologist “Y” v. Nova Scotia Board of Examiners in Psychology, [2005] N.S.J. No. 350, ...

A Hearing Officer stayed a disciplinary hearing under the Ontario Police Services Act on the basis that the hearing would constitute an abuse of process after the accused police officer had been acquitted on criminal charges arising from the same conduct that triggered the hearing. This decision was quashed on judicial review as the court found that proceeding with the disciplinary hearing would not constitute an abuse of process.

22. November 2005 0
Administrative law – Police – Disciplinary proceedings – Criminal charges – Evidence – Hearings – Decisions of administrative tribunals – Police Commission – Abuse of process – Test – Judicial review – Stay of proceedings – Standard of review – Correctness Peel (Regional Municipality) Police Service v. Watson, [2005] O.J. No. 3525, Ontario Superior Court of Justice, August 18, ...

The Liquor Control Board of Ontario (the “LCBO”) appealed the decision of the Ontario Divisional Court overturning the decision of an Administrative Tribunal refusing to issue a witness summons requested by a liquor licensee, Lifford Wine Agencies (“Lifford”), on a motion to stay a hearing before the Tribunal in which the possible revocation of Lifford’s licence was at issue. Lifford asserted that its right to a fair hearing was irreparably compromised by interference with witnesses it proposed to call to give evidence in support of its defence to allegations that it violated provisions of the Ontario Liquor Licence Act and applied for a motion to stay the hearing. During an adjournment in the stay motion, the LCBO engaged the services of a private investigator. The investigator interviewed most of the witnesses summoned by Lifford. Lifford sought the issuance of a summons to require the investigator to provide evidence before the Tribunal on the stay motion and to produce transcripts or other recordings of the interviews. The Tribunal declined to issue a summons on the basis that the investigator’s proposed evidence was irrelevant to the subject matter of the stay motion. On judicial review, the Divisional Court overturned the ruling and this decision was upheld by the Court of Appeal.

27. September 2005 0
Administrative law – Decisions of administrative tribunals – Liquor Licensing Board – Permits & licences – Stay of proceedings – Appeals – Hearings – Judicial review application – Judicial review – Procedural requirements and fairness – Witness tampering – Natural justice – Evidence – Privilege Ontario (Liquor Control Board) v. Lifford Wine Agencies, [2005] O.J. No. 3042, Ontario ...

A motion was brought by the Respondents for an order striking out an application for judicial review of the decision of the Ontario Civilian Commission on Police Services (the “Commission”) directing the Applicant Chief of Police (the “Chief”) to initiate a disciplinary hearing against a police constable on the ground that the constable may have committed misconduct in his capacity as an investigator in a homicide investigation. The Respondent’s application to stay the Chief’s application for judicial review was granted on the ground that the Chief’s application was premature.

22. March 2005 0
Administrative law – Police – Investigations – Disciplinary proceedings – Public interest – Public hearings – Effect of – Judicial review application – Procedural requirements and fairness – Stay of proceedings – Decisions of administrative tribunals – Police Commission York (Regional Municipality) Police v. Ontario (Civilian Commission on Police Services), [2005] O.J. No. 222, Ontario Superior Court ...

The Court dismissed the Province’s application for an order to stay part of the British Columbia Human Rights Tribunal’s order requiring payment to the Respondents, pending a decision of the Court on judicial review

25. January 2005 0
Administrative law – Human rights complaints – Discrimination – Disability – Family members as care givers – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review application – Stay of proceedings – Test British Columbia v. Hutchinson, [2004] B.C.J. No. 2434, British Columbia Supreme Court, November 24, 2004, Ralph J. The British Columbia Human Rights ...