The Nova Scotia Court of Appeal held that neither the Nova Scotia Human Rights Commission, nor its Director, had authority, either expressed or implied, to delegate the Nova Scotia Ombudsman the responsibilities imposed on the Commission pursuant to the Nova Scotia Human Rights Act, R.S.N.S. 1989, c. 214

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Dalhousie University v. Aylward, [2002] N.S.J. No. 267, Nova Scotia Court of Appeal, May 30, 2002, Glube C.J.N.S., Hallett and Freeman, JJ.A. The Nova Scotia Human Rights Commission received a letter on August 26, 1999 stating that a professor from Dalhousie University was intending to file a complaint based on racial discrimination, however, but that ...

Dufault, a teacher and Human Resources Superintendent for a school district, was unsuccessful in overturning a decision by an investigative subcommittee of the British Columbia College of Teachers to issue a citation against him with respect to his involvement in hiring a teacher without certification from the College

Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming of member – Investigative bodies – Jurisdiction Dufault v. British Columbia College of Teachers, [2002] B.C.J. No. 864, British Columbia Supreme Court, April 25, 2002, Ross J. Dufault was the Associate Superintendent of Human Resources for the School District of Abbotsford. He was ...

Tremblay’s appeal from the decision of the British Columbia Supreme Court dismissing a petition seeking a declaration that certain orders-in-council concerning budget cuts to the Legal Services Society were ultra vires was dismissed. The Court held that Tremblay had not shown any error of law or principle that would allow the Court to intervene in what was essentially a policy dispute.

Administrative law – Legislation – Orders in council – Ultra vires – Legal Aid – Funding Tremblay v. British Columbia (Attorney General), [2002] B.C.J. No. 942, British Columbia Court of Appeal, May 2, 2002, Finch C.J.B.C., Prowse and Smith JJ.A. Tremblay appealed from the decision of the British Columbia Supreme Court dismissing the petition to quash ...

O’Hara’s application for a judicial review of a decision of the B.C. Human Rights Commission dismissing his complaint was itself dismissed as the Court held that O’Hara could not establish that the Commission’s decision was patently unreasonable or that the investigative process was procedurally unfair

Administrative law – Human rights complaints – Disability – Judicial review application – Boards and Tribunals – Breach of procedural fairness – Patently unreasonable decision – Continuing contravention – Definition O’Hara v. British Columbia (Human Rights Commission), [2002] B.C.J. No. 887, British Columbia Supreme Court, April 16, 2002, Quijano J. O’Hara described himself as disabled from a ...

Stinchcombe succeeded in his appeal of the decision allowing the Law Society of Alberta to proceed with two charges against him relating to events occurring in 1986 and 1987. The Court held that Stinchcombe’s ability to defend the charges had been prejudiced by the Law Society’s inordinate and inexcusable delay and that this constituted a denial of natural justice.

Administrative law – Barristers and solicitors – Disciplinary proceedings – Boards and tribunals – Jurisdiction – Natural justice – Delay – Hearings – Disclosure – Judicial review – Standard of review- Correctness test Stinchcombe v. Law Society of Alberta, [2002] A.J. No. 544, Alberta Court of Appeal, April 26, 2002, Conrad, O’Leary and Paperny JJ.A. On ...

Butterworth failed in his application seeking a stay of his disciplinary hearing before a committee of the College of Veterinarians of Ontario where the court found that prospective damage to Butterworth’s personal and professional reputation did not constitute “irreparable harm”

Administrative law – Veterinarians – Disciplinary proceedings – Stay of proceedings – Jurisdiction – Judicial review – Standard of review – Correctness test Butterworth v. College of Veterinarians of Ontario, [2001] O.J. No. 5265, Ontario Superior Court of Justice, August 10, 2001, MacFarland J. Butterworth, a veterinarian, was scheduled to have his case heard before a ...

Oulton succeeded in obtaining an order that the Chicken Farmers of Nova Scotia (the “Board”) acted ultra vires its jurisdiction in imposing a new entrant’s fee

Administrative law – Boards and tribunals – Jurisdiction Oulton v. Chicken Farmers of Nova Scotia, [2002] N.S.J. No. 127, Nova Scotia Supreme Court, March 18, 2002, Wright J. The Chicken Farmers of Nova Scotia is a commodity board constituted under the Nova Scotia Chicken Marketing Plan, the stated purpose of which is to promote, control ...

A senior air traffic controller (“Hudgin”) succeeded in obtaining an order overturning the decision of the Appeal Panel of the Civil Aviation Tribunal which had confirmed a penalty against Hudgin for giving instructions contrary to the applicable standards governing the separation of aircraft on a runway. The court held that Hudgin was not in breach of his statutory duty as the improper direction at issue was actually made by a trainee under the supervision of Hudgin.

Administrative law – Aeronautics – Air traffic controllers – Supervision of trainee – Compliance with legislation – Judicial review – Standard of review – Unreasonableness Hudgin v. Canada (Minister of Transport), [2002] F.C.J. No. 369, Federal Court of Appeal, March 14, 2002, Décary, Sexton and Evans JJ.A. On December 16, 1997, an air traffic controller-trainee at ...

Higgins failed in her application to overturn the decision of the Superintendent of Motor Vehicles upholding a notice of driving prohibition. The court held that the notice of driving prohibition was not a nullity merely because the issuing police officer had checked both the box with respect to the offence of having a blood alcohol concentration over the limit and the box for the offence of failing to provide a breath sample. The court referred the matter back to the Superintendent of Motor Vehicles with a direction that both offences could be considered.

Administrative law – Motor vehicles – Suspension of driver’s licence – Judicial review application – Procedural requirements Higgins v. British Columbia (Attorney General), [2002] B.C.J. No. 545, British Columbia Supreme Court, March 14, 2002, E.R.A. Edwards J. Higgins was served with a Notice of Driving Prohibition by a police officer on April 7, 2001 and completed ...

Duck Lake Feed Processors Ltd. (“DLFP”) succeeded in obtaining an order setting aside an order issued by the council of Duck Lake directing DLFP to remedy perceived inadequacies in the structure of DLFP’s feed processing facility. The court held that the council did not have sufficient evidence with respect to the actual condition of the building to support the order made.

Administrative law – Municipal boards – Orders – Validity Duck Lake Feed Processors Ltd. v. Duck Lake (Town), [2002] S.J. No. 139, Saskatchewan Court of Queen’s Bench, March 13, 2002, Maher J. DLFP applied pursuant to s. 134(4) of The Urban Municipality Act, 1984 S.S. 1983-1984, c. U-11, for review of an order made by ...