Administrative law – Housing co-operatives – Governance – Membership – Termination – Judicial review – Natural justice DaCosta v. City Edge Housing Co-operative, [2003] B.C.J. No. 571, British Columbia Supreme Court, March 14, 2003, Baker J. Ms. DaCosta and her children were residents of the City Edge Housing Co-operative (“the Co-op”). Ms. DaCosta was in a ...
Administrative law – Judicial review – Quasi-judicial tribunals – Breach of procedural fairness – Procedural requirements – Jurisdiction – Evidence Lee v. Canadian Kennel Club Appeal Committee, [2003] A.J. No. 64, Alberta Court of Queen’s Bench, January 17, 2003, Lee J. The complaint arose out of dispute between Mr. Lee, a professional dog handler, and ...
Administrative law – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Charter of Rights – Remedies – Alternative remedies – Self-governing professions – Statutory provisions Whatcott v. Saskatchewan Assn. of Licensed Practical Nurses, [2003] S.J. No. 54, Saskatchewan Court of Queen’s Bench, January 7, 2003, Gunn J. The applicant was a member of the ...
Administrative law – Human rights complaints – Discrimination – Judicial review application – Solicitor-client privilege – Boards and tribunals – In-house legal opinion Pritchard v. Ontario (Human Rights Commission), [2003] O.J. No. 215, Ontario Court of Appeal, January 29, 2003, Finlayson, Charron and Armstrong JJ.A. The issue raised in the appeal was whether a legal opinion prepared ...
Administrative law – Pharmacists – Disciplinary proceedings – Tax evasion – Professional misconduct or conduct unbecoming – Judicial review – Standard of review – Reasonableness Davies v. Ontario College of Pharmacists, [2003] O.J. No. 91, Ontario Superior Court of Justice, January 15, 2003, Blair, E. Macdonald and MacDougall JJ. The Appellants were pharmacists and members of ...
Administrative law – Physicians and surgeons – Disciplinary proceedings – Inquiry committee decisions – Evidence – Judicial review – Natural justice – Adjournment of hearing – Standard of review – Reasonableness Howatt v. College of Physicians and Surgeons of Ontario, [2003] O.J. No. 138, Ontario Superior Court of Justice, January 21, 2003, Carnwath, Whalen and MacDougall ...
Administrative law – School boards – Powers and duties – Selection of books – Statutory provisions – Judicial review – Standard of review – Reasonableness Chamberlain v. Surrey School District No. 36, [2002] S.C.J. No. 87, Supreme Court of Canada, December 20, 2002, McLachlin C.J. and L’Heureux-Dubé, Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour and LeBel JJ. ...
Administrative law – Human rights complaints – Discrimination – Evidence – Judicial review – Natural justice – Evidence of other tribunals – Judicial notice Alberta Report v. Alberta (Human Rights and Citizenship Commission), [2002] A.J. No. 1539, Alberta Court of Queen’s Bench, December 10, 2002, Clark J. In the October 13, 1997 edition of its magazine, ...
Administrative law – Physicians and surgeons – Disciplinary proceedings – Inquiry committee decisions – Fairness – Evidence – Sentencing – Judicial review – Appeal process – Scope of appeal M.M. v. College of Physicians and Surgeons of British Columbia, [2002] B.C.J. No. 2833, British Columbia Supreme Court, November 4, 2002, Bauman J. M.M., a medical doctor, ...