The Manitoba Court of Appeal dismissed an appeal brought by the Appellant Manitoba Public Insurance Corporation from a decision of the Automobile Injury Compensation Appeal Commission. The Commission allowed the Respondent injured motorist to continue receiving income replacement benefits. The Commission allowed her appeal on several alternate grounds. A case manager for the Appellant terminated her income replacement benefits and the Respondent had appealed to the Commission. On appeal, the Court of Appeal dismissed the appeal because the Appellant had not challenged all of the alternate grounds upon which the Commission allowed the Respondent’s appeal.

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Administrative law – Decisions of administrative tribunals – Automobile Injury Compensation Appeal Commission – Judicial review – Compliance with legislation – Interpretation of legislation – Fresh evidence – Mootness – Public interest – Standard of review – Correctness Shier v. Manitoba Public Insurance Corp., [2008] M. J. No. 305, Manitoba Court of Appeal, September 8, ...

The Court allowed a preliminary application for consideration of a procedural matter regarding a decision of the Chair of the Discipline Committee of the Respondent Chiropractor Board. The application alleged reasonable apprehension of bias in the proceedings of the Discipline Committee. The application was allowed because the Chair had knowledge of credibility issues outside the context of the complaint that the Committee was adjudicating. A high standard of procedural fairness applied and there was a reasonable apprehension of bias in these circumstances.

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Administrative law – Decisions of administrative tribunals – Chiropractors – Professional governance and discipline – Professional misconduct / conduct unbecoming – Judicial review – Natural justice – Bias – Procedural requirements and fairness – Standard of review – Correctness Joyce v. Newfoundland and Labrador Chiropractic Board, [2008] N.J. No. 241, Newfoundland and Labrador Supreme Court ...

The Court dismissed a petition for judicial review of a decision of the Investigation Committee of the Respondent Association. The Petitioner had complained about a fellow member of the Respondent Association and the Investigation Committee decided not to refer the complaint to the Discipline Committee of the Respondent Association. The Petitioner lacked standing to bring a petition for judicial review of this decision of the Investigation Committee.

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Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Disciplinary proceedings – Investigations – Judicial review application – Parties – Standing in judicial review – Procedural requirements and fairness Emerman v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2008] B.C.J. No. 1663, British Columbia Supreme Court, September 2, 2008, ...

The Court of Appeal allowed the appeal of the National Parole Board from the inmate’s successful habeas corpus application in respect of the Board’s process. The Supreme Court erred in hearing the habeas corpus application because the Board’s statutory appeal process had not been exhausted.

Administrative law – National Parole Board hearings – Remedies – Habeas corpus – Judicial review – Disclosure – Procedural requirements and fairness L.R.F. v. Canada (National Parole Board), [2008] N.S.J. No. 252, Nova Scotia Court of Appeal, June 18, 2008, N.J. Bateman, L.L. Oland and J.E. Fichaud JJ.A L.R.F. (the “Offender”) was convicted of several ...

The Court granted the defendant university association’s motion to dismiss the plaintiff university professor’s action against it on the ground that the matter fell into the exclusive jurisdiction of the Manitoba Labour Board. The plaintiff’s action alleged that the UWFA failed to fairly represent him when it agreed to mandatory retirement provisions in the relevant collective agreement. The Labour Relations Act provides a procedure for adjudicating the plaintiff’s complaint. In addition, the dispute involved the negotiation of the collective agreement, which falls within the ambit of the legislation regarding UWFA’s duty of fair representation. Therefore, the exclusive jurisdiction to hear this matter rested with the Board and not with the Court.

Administrative law – Universities – Discrimination – Labour law – Collective agreements – Mandatory retirement Tomchuk v. University of Winnipeg Faculty Assn., [2008] M.J. No. 229. Manitoba Court of Queen’s Bench, June 5, 2008, H.C. Beard J. The applicant was the defendant University of Winnipeg Faculty Association (the “UWFA”) in an action brought against it ...

The Court dismissed an application for judicial review of a decision of the respondent medical association, which by an order of its Council, directed an inquiry committee to hold a new hearing investigating the applicant’s actions. This application was premature because the inquiry committee’s decision was interlocutory in nature and the jurisdictional question exception did not apply. If the application was not premature, the standard of review was reasonableness and the Council’s decisions were reasonable.

Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Judicial review application – Premature – Hearings – Conduct of hearings – Jurisdiction – Procedural requirements and fairness – Evidence – Standard of review – Reasonableness simpliciter Bajwa v. British Columbia Veterinary Medical Association, [2008] B.C.J. No. 1131, British ...

The Court dismissed an application for judicial review of a decision of the Ontario Environmental Review Tribunal, which had granted leave to appeal the decisions of two Directors of the Ministry of the Environment granting Certificates of Approval under the Environmental Protection Act. The Tribunal’s decision was reasonable in that there was a proper basis for the Tribunal’s finding that the standard of proof for leave to appeal the Directors’ decision was less than a balance of probabilities. In addition, the Tribunal’s decision was reasonable in that there was a proper basis for the Tribunal to grant leave to appeal.

Administrative law – Decisions of administrative tribunals – Environmental Review Board – Ministerial decisions – Environmental issues – Judicial review – Appeals – Leave to appeal – Evidence – Standard of proof – Compliance with legislation – Standard of review – Reasonableness simpliciter Lafarge Canada Inc. v. Ontario (Environmental Review Tribunal), [2008] O.J. No., 2460, ...