The owners of a nightclub (“Tonic Bar”) sought judicial review of an adjudicator’s decision on penalty relating to admitted contraventions of the “occupant load” requirement imposed on Tonic Bar under the Liquor Control and Licensing Regulations. The court upheld the adjudicator’s decision to impose a suspension 50% longer than the minimum mandated by the Regulations where the evidence established that the Tonic Bar was “seriously in contravention” of the occupant load restrictions on at least three occasions.

28. December 2004 0
Administrative law – Decisions of administrative tribunals – Liquor Licensing Board – Judicial review – Compliance with legislation – Permits and licences – Suspensions 600428 B.C. Ltd. (c.o.b. Tonic Bar) v. British Columbia (Liquor Control and Licensing Branch, General Manager), [2004] B.C.J. No. 2291, British Columbia Supreme Court, November 2, 2004, Hutchison J. The Liquor Control and ...

The appeal of a decision of the discipline body of the Association of Professional Engineers of Nova Scotia was dismissed by the Supreme Court and on the subsequent appeal the Court held that the Supreme Court did not err in assessing the degree of proof required or in finding that any breaches of natural justice or procedural fairness were waived by the Appellant

28. December 2004 0
Administrative law – Engineers – Disciplinary proceedings – Professional misconduct – Penalties and suspensions – Decisions of administrative tribunals – Association of Professional Engineers – Judicial review – Procedural requirements and fairness – Bias – Natural justice Beaini v. Assn. of Professional Engineers of Nova Scotia, [2004] N.S.J. No. 383, Nova Scotia Court of Appeal, October 13, ...

A homeowner (“Mortensen”) appealed the decision of the Interior Health Authority charging him with a violation of s. 42 of the Sanitary Regulations, B.C. Reg. 142/59 for drilling a water well in his front yard. The court dismissed the appeal, finding that the health inspector had no discretion under the regulations once it was determined the well was within 100 feet of a septic tank and field.

28. December 2004 0
Administrative law – Environmental issues – Water wells location – Judicial review – Compliance with legislation – Discretion of delegated authority Mortensen v. Interior Health Authority, [2004] B.C.J. No. 2283, British Columbia Supreme Court, November 3, 2004, Bauman J. Mortensen lived on the shore of Okanagan Lake in a community called Fintry. Mortensen and others in ...

A teacher (“Fox”) appealed from the decision of the BC College of Teachers (the “College”) to proceed with a formal inquiry where the complaint by the school board which instigated the report to the College was rescinded after a grievance. The court dismissed the appeal, holding that the provisions of the Teaching Professions Act, R.S.B.C. 1986, c. 449 (the “Act”) indicated that the legislature did not intend that the jurisdiction of the College would be ousted if a grievance procedure was successful.

28. December 2004 0
Administrative law – Teachers – Disciplinary proceedings – Decisions of administrative tribunals – College of Teachers – Judicial review – Jurisdiction of tribunal – Compliance with legislation – Statutory interpretation – Standard of review – Correctness Fox v. British Columbia College of Teachers, [2004] B.C.J. No. 2322, British Columbia Supreme Court, November 8, 2004, Ehrcke J. ...

Moore’s complaint under the Human Rights Act, R.S.N.S. 1989, c. 214 alleging discrimination by reason of race was dismissed by a Board of Inquiry constituted under the Act. The Board held that the fact that Moore’s employer had called her “kemosabe” did not establish harassment or discrimination where Moore could not prove that she had made known that this appellation was offensive to her. Moore’s appeal to the Court of Appeal was dismissed as the court concluded that the Board had not erred in the burden it placed upon Moore to prove her case.

28. December 2004 0
Administrative law – Human rights complaints – Discrimination – Race – Decisions of administrative tribunals – Human Rights – Burden of proof Nova Scotia (Human Rights Commission) v. Play It Again Sports Ltd., [2004] N.S.J. No. 403, Nova Scotia Court of Appeal, October 29, 2004, Glube C.J.N.S., Chipman and Hamilton JJ.A. Moore, a Mi’kmaq, had been ...

Del Bianco’s appeal from an Order of the Alberta Securities Commission was dismissed by the Alberta Court of Appeal. The court found that there was sufficient evidence to support both the Commission’s finding that Del Bianco had traded in shares without being registered and the reasonableness of the sanctions imposed.

28. December 2004 0
Administrative law – Stock brokers – Disciplinary proceedings – Penalties – Judicial review – Decisions reviewed – Securities Commission – Standard of review – Reasonableness simpliciter Del Bianco v. Alberta Securities Commission, [2004] A.J. No. 1222, Alberta Court of Appeal, October 29, 2004, Fruman and Ritter JJ.A. and Sullivan J. Del Bianco was the director of ...

J.M.D.’s appeal of the dismissal of her claim for compensation pursuant to the Victims’ Rights and Services Act was allowed by the Nova Scotia Court of Appeal. The court held that the N.S. Utility and Review Board erred in the manner in which it considered and disposed of evidence of a witness tendered as similar fact evidence.

28. December 2004 0
Administrative law – Judicial review – Administrative decisions – Review Board – Evidence – Witnesses – Similar fact evidence admissibility J.M.D. v. Nova Scotia (Utility and Review Board), [2004] N.S.J. No. 400, Nova Scotia Court of Appeal, October 28, 2004, Glube C.J.N.S. J.M.D. claimed that, when she was a nursing student in Halifax in the mid-60s, ...

An appeal was allowed of a case management judge’s decision to dismiss an application for a stay of a potential class proceeding, in the presence of an arbitration clause; the case was remitted to the case management judge for reconsideration in accordance with the Court of Appeal’s reasons. While certification of a class proceeding would render an arbitration agreement inoperative, that decision cannot be made before the court determines whether the proceeding will be certified.

24. November 2004 0
Administrative law – Judicial review – Class proceedings – Certification – Arbitration agreements – Statutory interpretation – Compliance with legislation – Stay of proceedings MacKinnon v. National Money Mart Co., [2004] B.C.J. No. 1961, British Columbia Court of Appeal, September 24, 2004, Esson, Saunders, Low, Levine and Thackray JJ.A. The sole named Plaintiff had brought ...

The petition of a psychiatrist (“Bartman”) seeking judicial review of a decision by the British Columbia Human Rights Tribunal (the “Tribunal”) was dismissed where the court found that the conclusion of the Tribunal that Bartman had sexually harassed the Complainant was reasonable and well supported on the evidence

23. November 2004 0
Administrative law – Human rights complaints – Sexual harassment – Decisions of administrative tribunals – Human Rights Commission – Interpretation of Evidence – Judicial review – Standard of review – Reasonableness simpliciter – Patent unreasonableness Bartman v. N.T., [2004] B.C.J. No. 1896, British Columbia Supreme Court, September 16, 2004, Holmes J. The Complainant was Bartman’s medical office assistant ...

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 ...