The Lunenburg County District School Board (the “School Board”) appealed the decision of the Supreme Court quashing a decision by the Board of Appeal dismissing a teacher (“Haché”) charged with sexual offences against his students. The Court of Appeal dismissed the appeal holding that the evidence relied on by the Board of Appeal was not capable of supporting the evidence of the complainants.

25. May 2004 0
Administrative law – Teachers – Disciplinary proceedings – Decisions of administrative tribunals – School boards – Judicial review – Procedural requirements and fairness – Evidence – Witnesses Haché v. Lunenburg County District School Board, [2004] N.S.J. No. 120, Nova Scotia Court of Appeal, March 30, 2004, Glube C.J.N.S., Freeman and Cromwell JJ.A. In 1995, the School Board ...

This was an appeal from a decision of the Trial Division in a judicial review of a decision of an Adjudicator under the Public Service Staff Relations Act, R.S.C. 1985, c. P-35 (“PSSRA”). The issue was whether the Adjudicator denied the appellant procedural fairness. The Trial Division Judge found no breach of procedural fairness and dismissed the judicial review. The Federal Court of Appeal allowed the appeal, set aside the decision of the Trial Division and quashed the decision of the Adjudicator.

27. April 2004 0
Administrative law – Judicial review – Procedural requirements and fairness – Decisions of administrative tribunals – Adjudication – Evidence Gale v. Canada (Treasury Board), [2004] F.C.J. No. 186, Federal Court of Appeal, January 12, 2004, Strayer, Rothstein and Sharlow JJ.A. Mr. Gale was a correctional officer at a Saskatchewan Penitentiary. A female colleague made a complaint ...

Dr. Devgan was found guilty of professional misconduct by the Discipline Committee of the College. Following the hearing, Dr. Devgan appealed the decision and the Order of the Discipline Committee was stayed. The College sought to lift the automatic stay of the Order. The court refused to lift the stay so long as Dr. Devgan complied with a number of conditions. Dr. Devgan failed to comply with the court’s conditions and the College once again sought to lift the stay. The College’s motion was granted and Dr. Devgan’s licence to practise was revoked.

27. April 2004 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Public interest – Suspensions – Stay of suspension – Court imposed conditions – Decisions of administrative tribunals – College of Physicians and Surgeons Devgan v. College of Physicians and Surgeons of Ontario, [2004] O.J. No. 517, Ontario Superior Court of ...

A pensioner (“McLean”) sought judicial review of decisions made by employees of the Ministry of Human Resources (the “Ministry”) regarding McLean’s entitlement to benefits. The application was dismissed as the court found it was brought prematurely, where McLean had failed to pursue the remedies available to him under the legislation at issue.

27. April 2004 0
Administrative law – Judicial review application – Premature – Jurisdiction of court – Compliance with legislation – Remedies – Alternative remedies – Decisions of administrative tribunals – Ministerial orders McLean v. British Columbia (Minister of Human Resources), [2004] B.C.J. No. 428, British Columbia Supreme Court, March 5, 2004, Gerow J. McLean submitted to the court that he had ...

Loblaws Supermarkets Ltd. (“Loblaws”) brought an application for a judicial review seeking an Order in the nature of prohibition preventing the Coroner from proceeding with an inquest into the death of Patrick Shand Jr. on the basis of unreasonable delay in commencing the inquest. The court dismissed the application, holding that Loblaws had not established that it would suffer significant prejudice if the hearing proceeded and that the delay was not inordinate and did not constitute an abuse of process.

27. April 2004 0
Administrative law – Coroner’s inquest – Judicial review – Administrative tribunals – Delay – Stay of proceedings – Hearings – Unreasonable delay – Test Loblaws Supermarkets Ltd. v. Shand Inquest (Coroner of), [2004] O.J. No. 619, Ontario Superior Court of Justice, February 16, 2004, Swinton J. Patrick Shand Jr. died on September 14, 1999 while involved in ...

A teacher (“Mitchell”) was successful in her appeal from a decision of the Council of the British Columbia College of Teachers (the “College”) cancelling her certificate of qualification and terminating her membership in the College. The court found that the College failed to give any analysis or consideration to many mitigating factors specific to this case resulting in an unreasonable decision with respect to penalty.

27. April 2004 0
Administrative law – Teachers – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Penalties – Public interest – Decisions of administrative tribunals – College of Teachers – Evidenciary issues – Judicial review – Standard of review – Reasonableness simpliciter Mitchell v. British Columbia College of Teachers, [2003] B.C.J. No. 3056, British Columbia Supreme Court. October 27, ...

The Applicant solicitor was successful in obtaining an Order prohibiting the Respondent Law Society of New Brunswick (the “Law Society”) from continuing any proceedings against him arising out of charges contained in a Notice of Complaint. The court found that the subject matter of the present complaint had already been considered and dealt with by the Law Society and that the matter was res judicata.

27. April 2004 0
Administrative law – Barristers and solicitors – Professional misconduct – Disciplinary proceedings – Decisions of administrative tribunals – Law Societies – Judicial review – Estoppel and res judicata A Solicitor v. Law Society of New Brunswick, [2004] N.B.J. No. 81, New Brunswick Court of Queen’s Bench, February 25, 2004, Guerette J. Over the period of January and February ...

Ms. Neto successfully appealed a decision of the Consent and Capacity Board (the “Board”) that had determined that she was not capable of consenting to the administering of several medications to treat bipolar affective disorder

20. April 2004 0
Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Capacity – Test – Right to refuse medical treatment – Mental health – Consent to treatment – Judicial review – Compliance with legislation Neto v. Klukach, [2004] O.J. No. 394, Ontario Superior Court of Justice, February 10, 2004, Day J. Ms. Neto is a ...

The appellant teacher unsuccessfully appealed a decision of the Hearing Panel of the disciplinary committee of the British Columbia College of Teachers (“BCCT”) finding him guilty of conduct unbecoming on the grounds that he made discriminatory and derogatory statements against homosexuals in a number of published writings. The appellant also unsuccessfully appealed the penalty of the one-month suspension of his teaching certificate.

23. March 2004 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Judicial review – Procedural requirements and fairness – Failure to provide adequate reasons – Standard of review – Reasonableness simpliciter – Charter of Rights – Freedom of expression Kempling v. British Columbia College ...

On appeal by two daughters of a decision of the Ontario Consent and Capacity Board directing them to consent to withholding medical treatment for their mother, the Court found that the Board had erred in law in its determination as to whether the daughters had complied with the principles for substitute decision making by withholding their consent. The Board also erred in law by ignoring the legislative purpose of the Health Care Consent Act, 1996. Finally, the Board assumed, in the absence of evidence, that the mother’s death would be prompt if there were no further recourse to intensive care.

23. March 2004 0
Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Capacity – Adult in need of protection – Withholding medical treatment – Substitute decision maker – Power of attorney – Scope of authority – Compliance with legislation – Judicial review – Evidence – Standard of review – Correctness Scardoni v. Hawryluck, [2004] O.J. No. ...