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

28. July 2009 0
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 Consent and Capacity Board acting pursuant to the Health Care Consent Act, 1996, S.O. 1996, in conducting a hearing to determine whether a substitute decision maker is acting in the best interests of the patient, does not have an obligation to call witnesses which could have been called by the substitute decision maker represented by counsel at the hearing. Short reasons of the Board dealing with the prior capable wish of the patient will be considered sufficient by the Court on an appeal where the Court is not prevented from a meaningful review of the correctness of the Board’s decision. An oversight on the part of the Board in failing to make a decision as to incapacity of the patient where the incapacity was largely conceded by the substitute decision maker, is unlikely to succeed as a ground of appeal of the Board’s decision that the substitute decision maker was not acting in the best interests of the patient.

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Failure to provide reasons – Adult in need of protection – Capacity – Best interest of incompetent adult – Substitute decision maker – Treatment plans – Compliance with legislation – Hearings – Witnesses – failure to call Grover v. Grover, [2009] O.J. ...

The Appeal by an employer (“Fundy Linen”) from the decision of the Appeals Tribunal allowing an injured employee’s claim to obtain barrier-free housing was allowed due to bias and the matter was remitted to the Workplace Health, Safety and Compensation Commission (the “Commission”)

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Discretion of court – Workers compensation – Benefits – Housing – Interpretation of legislation – Judicial review – Witnesses – Member of Legislative Assembly – Bias – Waiver of claim for bias Fundy Linen Service Inc. v. New Brunswick (Workplace Health, Safety and ...

A veterinarian appealed a decision of the Respondent Association, which had found him guilty of unprofessional conduct for inappropriately trapping, handling, and marketing white-tailed deer. The Court allowed the appeal and quashed the Association’s decision, on the basis that it had admitted into evidence a videotaped statement without a correct consideration of the applicable principles, contrary to specific provisions in the Wildlife Act and in breach of the discipline committee’s duty of fairness.

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Hearsay evidence – admissibility – Natural justice – Procedural requirements and fairness – Compliance with legislation – Witnesses – Failure to provide adequate reasons – Standard of review – Correctness ...

A veterinarian who had practised in India (“Dr. Joshi”) achieved partial success in appealing the decision of the Council of the B.C. Veterinary Association (the “Association’) refusing to admit him as a member

22. April 2008 0
Administrative law – Decisions of administrative tribunals – Veterinary Association – Veterinarians – Licence to practice – Unauthorized practice – Regulatory powers of tribunals – Judicial review – Natural justice – Procedural requirements and fairness – Evidence – Jurisdiction – Witnesses Joshi v. British Columbia Veterinary Medical Association, [2008] B.C.J. No. 298, 2208 BCSC 208, ...

A lawyer (Merchant) successfully obtained an order quashing a decision of the Law Society of Alberta (“Law Society”) disbarring him, on the basis that there was a reasonable apprehension of bias due to an ex parte communication between the chair of the hearing committee and a witness

22. January 2008 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Penalties and suspensions – Judicial review – Procedural requirements and fairness – Bias – Reasonable apprehension of bias – test – Witnesses – Compliance with legislation – Remedies – Alternative remedies Merchant v. Law Society of Alberta, ...

The Court allowed, in part, an appeal by the Law Society from an order of the Appeal Panel of the Law Society setting aside decisions of a Hearing Panel of the Discipline Committee

22. May 2007 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Hearings – Interpretation of Evidence – Failure to provide adequate reasons – Witnesses – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter – ...

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 Applicant, Dr. Cimolai applied for an order setting aside an investigative report. Dr. Cimolai also sought an order to prohibit the Respondent Hospital from proceeding with a complaint against him, and for the Applicant’s reinstatement to his former position with the Hospital. The Court concluded that it would be premature to conduct a judicial review and dismissed the application.

28. November 2006 0
Administrative law – Physicians and surgeons – Hospital privileges – Decisions of administrative tribunals – Investigations – Judicial review application – Premature – Procedural requirements and fairness – Evidence – Witnesses – Compliance with legislation Cimolai v. Children’s and Women’s Health Centre of British Columbia, [2006] B.C.J. No. 2199, British Columbia Supreme Court, October 3, 2006, Cullen ...

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 ...