A health authority terminating the Professional Services Contract of a physician had the duty to act fairly which included the right of the physician to know why his services were not satisfactory, reasons why disciplinary action was contemplated and why the termination was being considered. In addition, the physician should have been given the opportunity to be heard. The duty of fairness did not form part of employment law but stemmed from the fact that the employer is a public body whose powers are derived from statute and must be exercised according to the rules of administrative law.

23. May 2006 0
Administrative law – Physicians and surgeons – Employment law – Termination of employment – Decisions of administrative tribunals – Health authorities – Hearings – Judicial review – Public body – Procedural requirements and fairness Shaikh v. Regional Health Authority 7, [2005] N.B.J. No. 581, New Brunswick Court of Queen’s Bench, December 7, 2005, T.W. Riordon J. The applicant ...

The appeal by Berezoutskaia from the dismissal of her application for judicial review of a dismissal of her complaint to the Human Rights Tribunal was dismissed where the Court of Appeal found that the Tribunal member did not act unreasonably, in bad faith, or with improper purpose in concluding the complaint had no chance of success at hearing

25. April 2006 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Lack of Evidence – Employment law – Termination of employment Berezoutskaia v. British Columbia (Human Rights Tribunal), [2006] B.C.J. No. 436, British Columbia Court of Appeal, March 2, 2006, Hall, Levine and Smith JJ.A. Berezoutskaia was a refugee from ...

The Court set aside an Order in Council removing the Applicant from his position as Chairman of the Board of Directors of VIA Rail. The Governor General in Council had breached the duty to act fairly by not informing the Applicant of the reason or reasons for dissatisfaction with him and not giving him the opportunity to be heard.

24. January 2006 0
Administrative law – Employment law – Appointment – Termination of employment – Legislation – Orders-in-council – Validity – Judicial review – Procedural requirements and fairness Pelletier v. Canada (Attorney General), [2005] F.C.J. No. 1891, Federal Court Montréal, Quebec, November 18, 2005, Noël J. In 2001, the Applicant had been appointed to hold office at pleasure for a ...

The Court dismissed an appeal from the decision of the judge on judicial review who had upheld a decision of the Occupational Health and Safety Council finding that the Appellant had been dismissed from his employment for insubordination and not for raising a safety concern

24. January 2006 0
Administrative law – Employment law – Termination of employment – Judicial review – Privative clauses – Procedural requirements and fairness – Bias – Compliance with legislation – Standard of review – Patent unreasonableness Navrot v. Alberta (Occupational Health and Safety Council), [2005] A.J. No. 1569, Alberta Court of Appeal, November 16, 2005, Hunt, Berger and Ritter, ...

The Petitioner sought judicial review of a decision of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia (the “College”) to terminate him from his position as registrar of the College. The petition was dismissed as the judge found that the College met its requirement of procedural fairness. On appeal, the Court held that the reviewing judge erred in mixing the merits of the decision to terminate with the process of termination. Furthermore, she made a palpable error of fact in finding that the Petitioner had notice of the grounds for termination when he had no prior notice of a report accusing him of dishonesty and no opportunity to address the accusation. This amounted to a denial of procedural fairness. The Court ordered that he be re-instated to his position as registrar, with full back pay and benefits less earnings from other employment.

27. December 2005 0
Administrative law – Employment law – Termination of employment – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Natural justice – Judicial review – Appeals – Procedural requirements and fairness Wong v. College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia, [2005] B.C.J. No. 2219, British Columbia Court of Appeal, October 21, ...

The P.E.I. Court of Appeal increased the general damages awarded to the Appellant for a breach of his right to freedom of expression under section 2(b) of the Charter of Rights and Freedoms from $15,000 to $75,000 on the basis that the trial judge overlooked evidence regarding the consequences of the Respondent’s infringement on the Appellant

26. July 2005 0
Administrative law – Charter of Rights – Freedom of expression – Employment law – Termination of employment – Damages – Judicial review – Appeals – Evidence – Standard of review of appellate court Morin v. Prince Edward Island Regional Administrative Unit No. 3 School Board, [2005] P.E.I.J. No. 42, Prince Edward Island Supreme Court – Appeal Division, ...

An employee’s claim against her former employer under the Ontario Pay Equity Act was barred by virtue of the release and settlement executed by the employee upon her termination

22. March 2005 0
Administrative law – Employment law – Termination of employment – Pay equity – Decisions of administrative tribunals – Human rights complaints – Discrimination – Wage disparity – Settlements – Releases – Validity – Judicial review – Compliance with legislation – Standard of review – Correctness Bucyrus Blades of Canada Ltd. v. McKinley, [2005] O.J. No. 231, Ontario Superior Court ...

The applicant was not an “office holder” and therefore his dismissal by the respondent was subject to a minimal duty of fairness which was met by the respondent in the circumstances

25. January 2005 0
Administrative law – Employment law – Termination of employment – Judicial review – Procedural requirements and fairness – Bias Youth Criminal Defence Office v. Board of Directors of the Legal Aid Society of Alberta, [2004] A.J. No. 1345, November 3, 2004, Alberta Court of Queen’s Bench, Hart J. The applicant (“Holtby”) applied for a declaration of nullity ...

The petition of the former registrar (“Wong”) of the College of Traditional Chinese Medicine Practitioners (the “College”) was dismissed where the court found that the decision of the governing board of the College (the “Board”) dismissing Wong was reasonable and that the requirements of procedural fairness were met in the process employed by the Board

23. November 2004 0
Administrative law – Employment law – Termination of employment – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Judicial review – Procedural requirements and fairness – Compliance with legislation Wong v. College of Traditional Chinese Medicine Practitioners, [2004] B.C.J. No. 1906, British Columbia Supreme Court, September 17, 2004, Boyd J. The College is ...

The Plaintiff “held an office” with the Defendant Municipality and therefore a duty of fairness applied to the administrative decision to terminate his employment. The Plaintiff was entitled to a hearing which he did not receive; therefore, the Defendant municipality did not comply with its duty of procedural fairness in terminating his employment.

24. August 2004 0
Administrative law – Employment law – Termination of employment – Wrongful dismissal – Hold an office – definition – Damages – Decisions of administrative tribunals – Municipal councils – Judicial review – Administrative decisions – Procedural requirements and fairness Reglin v. Creston (Town), [2004] B.C.J. No. 1218, British Columbia Supreme Court, June 10, 2004, Melnick J. The Plaintiff ...