Saskatchewan Court of Appeal holds University of Saskatchewan Council was bound by their own internal regulations and failure to follow the regulations in this instance lead to a finding of a denial of procedural fairness

16. November 2021 0
Administrative law – Decisions reviewed – University Appeal Board – University Committees – Jurisdiction – Suspension – Plagiarism – Judicial review – Appeals – Procedural requirements and fairness – Universities – Student discipline Akpan v. University of Saskatchewan Council, [2021] S.J. No. 407, 2021 SKCA 129, Saskatchewan Court of Appeal, September 29, 2021, P.A. Whitmore, ...

Professional’s pattern of disruptive conduct can constitute unprofessional conduct

21. July 2020 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Suspension – Judicial review – Appeals – Standard of review – Correctness – Physicians and surgeons – Professional misconduct or conduct unbecoming Al-Ghamdi v. College of Physicians and Surgeons of Alberta, [2020] A.J. No. 207, 2020 ABCA 71, Alberta Court of Appeal, February ...

An example of how not to suspend a physician from practice for incapacity

21. January 2020 0
The Appellant physician, Dr. Collett, successfully appealed a decision of the College of Physicians and Surgeons of Alberta’s Appeal Council. The Appeal Council had dismissed Dr. Collett’s appeal of the Complaint Director’s decision to suspend him from practice on July 31, 2018. Administrative law – Decisions reviewed – College of Physicians and Surgeons – Suspension ...

The B.C. Court of Appeal upheld the Law Society of B.C.’s finding that the lawyer had committed professional misconduct by failing to disclose a conflict of interest to a client, and held it was within the review panel’s discretion to impose a five month suspension on the lawyer.

19. February 2019 0
Administrative law – Decisions reviewed – Law Societies – Permits and licences – Judicial review – Appeals – Standard of review – Reasonableness – Barristers and solicitors – Conflict of interest – Professional misconduct – Suspension Strother v. Law Society of British Columbia, [2018] BCJ No 6982, 2018 BCCA 481, British Columbia Court of Appeal, ...

A former teacher (“Headrick”) applied for judicial review of a decision of the Ontario College of Teachers (the “College”) which had referred his application for a Certificate of Qualification and Registration (“Certificate”) to the College’s Disciplinary Committee

24. May 2011 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Restoration of membership – Teachers – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Suspension – Public interest – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Correctness – Failure to provide reasons – ...

The application by the Victoria Social Club Ltd. (“The Social Club”) for judicial review of a decision of an adjudicator delegated by the general manager of the Liquor Control and Licensing Branch was dismissed where the Court found that the adjudicator’s decision that there had been a contravention of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267 was reasonable

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Liquor Licensing Board – Permits and licences – Suspensions – Adjudication – Interpretation of Evidence – Previous complaints Victoria Social Club Ltd. (c.o.b. The Social Club) v. British Columbia (General Manager, Liquor Control and Licensing Branch), [2009] B.C.J. No. 373, British Columbia Supreme Court, March 2, 2009, ...

The appeal by Histed from his convictions by a panel of the Discipline Committee of the Law Society of Manitoba on two charges of professional misconduct was dismissed. The discipline hearing before the Panel was not a nullity. Any reasonable apprehension of bias that may have existed at the investigative stage was cured by the full and fair hearing on the charges against the Appellant before the Panel. The findings of professional misconduct, the one month suspension and the order of costs, were all decisions that met the applicable standard of review of reasonableness simpliciter.

28. November 2006 0
Administrative law – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Penalties – Suspension – Costs – Decisions of administrative tribunals – Law Societies – Investigations – Fairness – Judicial review – Bias – Natural justice – Standard of review – Reasonableness simpliciter Histed v. Law Society of Manitoba, [2006] M.J. No. 290, Manitoba Court of ...

A lawyer (Hamilton) successfully appealed from a decision of the Law Society, which had found her guilty of professional misconduct for visiting a jail with a prisoner’s girlfriend and identifying that girlfriend as her assistant in order to facilitate access to the prisoner.

24. October 2006 0
Administrative law – Decisions of administrative tribunals – Law Societies – Hearings – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Penalties – Suspension – Judicial review – Witnesses – Evidence – Standard of review – Reasonableness simpliciter Hamilton v. Law Society of British Columbia, [2006] B.C.J. No. 1741, British Columbia Court of Appeal, August ...

Rankin and three other professional curlers were successful in their application for judicial review of the decisions of the Review Committee and the Appeal Committee of the Alberta Curling Federation (“ACF”). The Court held that the sanctions imposed were patently unreasonable and unsupported by reasons and should be set aside.

28. February 2006 0
Administrative law – Decisions of administrative tribunals – Curling Federation – Disciplinary proceedings – Penalties – Suspension – Failure to provide reasons – Judicial review – Jurisdiction of court – Procedural requirements and fairness Rankin v. Alberta Curling Federation Appeals Committee, [2005] A.J. No. 1759, Alberta Court of Queen’s Bench, December 16, 2005, Germain J. Curling ...

A lawyer (“Arsenault”) obtained an order quashing an interim suspension imposed upon him by the Law Society of New Brunswick (the “Law Society”) on the basis that he was not afforded procedural fairness

28. December 2004 0
Administrative law – Barristers and solicitors – Disciplinary proceedings – Penalties – Suspension – Judicial review – Administrative decisions – Procedural requirements and fairness Arsenault v. Law Society of New Brunswick, [2004] N.B.J. No 395, New Brunswick Court of Queen’s Bench, August 10, 2004, Russell J. On May 10, 2004, Arsenault was suspended from practising law ...