The appellant, a member of the Fredericton Police Force was caught stealing while in the United States. She was never convicted, but the charges were not dismissed either. At the same time as this was unfolding, a formal complaint was initiated through her employer. The matter proceeded to arbitration where she was dismissed from her employment with the Fredericton Police Force, the arbitrator citing her breach of trust as the primary reason for the termination. The appellant sought to quash the arbitrator’s decision on judicial review for both procedural and substantive reasons.

16. November 2018 0
Administrative law – Decisions reviewed – Arbitration Board – Professional governance and discipline – Judicial review – Appeals – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming Campbell v. Fredericton (City) Police Force, [2018] N.B.J. No. 197, 2018 NBCA 54, New Brunswick Court of Appeal, September 6, 2018, J.C.M. Richard, ...

The Canadian Centre for Bio-Ethical Reform, a pro-life advocacy group, was denied advertising space on public buses by the South Coast British Columbia Transportation Authority for one of its campaigns aimed at demonizing women who have an abortion. It argued that the refusal constituted an unreasonable infringement on its Charter right to freedom of expression. The decision of TransLink was upheld by the chamber’s judge on judicial review, but ultimately overturned by the Court of Appeal, primarily on the basis of its failure to properly address the Charter argument. The Court of Appeal remitted the matter back to TransLink for reconsideration.

16. November 2018 0
Administrative law – Decisions reviewed – Transportation Authority – Human Rights – Charter of Rights and Freedoms – Judicial review – Appeals – Fresh evidence – Standard of review – Reasonableness – Proportionality Canadian Centre for Bio-Ethical Reform v. South Coast British Columbia Transportation Authority, [2018] B.C.J. No. 3156, 2018 BCCA 344, British Columbia Court ...

Development Cost Charges may apply if the developer receives a direct or indirect benefit from City drainage works

16. October 2018 0
A developer was denied an exemption to the City of Coquitlam’s development cost charges for drainage works because the developer was found to benefit directly and/or indirectly from the drainage works, and it followed that this imposed new capital costs burdens on the City. Administrative law – Decisions reviewed – Municipal boards – Judicial review ...

Regulator’s procedure may vary if member not prejudiced by change

16. October 2018 0
Because there was no procedural unfairness, the Ontario College of Pharmacists (the “College”) was not required to abide by its own procedural guidelines in the circumstances. Administrative law – Decisions reviewed – College of Pharmacists – Abuse of process – Judicial review – Procedural requirements and fairness – Appeals – Pharmacists – Disciplinary proceedings – ...

A reporter requested access to information pursuant to the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F31 (the “Act”) relating to the top 100 physician billers under the Ontario Health Insurance Program, a breakdown of the physician’s specialties and the amount billed

16. October 2018 0
Administrative law – Decisions reviewed – Privacy Commissioner – Compliance with legislation – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Appeals – Standard of review – Reasonableness Ontario Medical Assn. v. Ontario (Information and Privacy Commissioner), [2018] O.J. No. 4107, 2018 ONCA 673, Ontario Court of Appeal, ...

The appellant, Dr. Hefnawi, was enrolled in the Medical Services Plan (“MSP”). In 2010, he was audited by the Billing Integrity Program (“BIP”). The Medical Services Commission (the “Commission”) sought recovery of funds for fraudulent or mispresented patient billing and gave notice of its intention to cancel the appellants enrolment as a practitioner under the Medicare Protection Act, RSBC 1996, c. 286 (“MPA”).

16. October 2018 0
Administrative law – Decisions reviewed – Ministry of Health Billing Integrity Program – Judicial review – Appeals – Natural Justice – Procedural requirements and fairness – Evidence – Physicians and surgeons – Disciplinary proceedings – Billing matters – Records Hefnawi v Health Care Practitioners Special Committee for Audit Hearings, [2018] B.C.J. No. 2932, 2018 BCSC ...

The Applicant, Dollar General Corporation, successfully applied to the Federal Court to set aside a decision of the Registrar of Trademarks which had expunged its trademark, “DOLLAR GENERAL”. The Registrar had made this decision after an application was made by the Respondent, 2900319 Canada Inc.

18. September 2018 0
Administrative law – Decisions reviewed – Registrar of Trademarks – Judicial review – Standard of review – Unreasonableness – Intellectual property Dollar General Corp. v. 2900319 Canada Inc., [2018] F.C.J. No. 801, 2018 FC 778, Federal Court, July 25, 2018, M.D. Manson J. The Applicant, Dollar General Corporation, is the owner of the trademark, “DOLLAR ...

The Applicant, Chartered Professional Accountants of British Columbia (“CPABC”), unsuccessfully sought leave to appeal a decision of the British Columbia Supreme Court. The Supreme Court had allowed a statutory appeal from a discipline decision made by the CPABC against the Respondent, Mr. Vuong Nguyen.

18. September 2018 0
Administrative law – Decisions reviewed – Chartered Professional Accountants Disciplinary Committee – Judicial review – Appeals – Correctness – Accountants – Disciplinary proceedings – Procedural fairness Nguyen v. Chartered Professional Accountants of British Columbia, [2018] B.C.J. No. 1428, 2018 BCCA 299, British Columbia Court of Appeal, July 17, 2018, J.E.D. Savage J.A. (In Chambers) Mr. ...

A doctor’s petition for judicial review of the College’s rejection of his application for independent registration was dismissed. While the first of the two College assessments of the doctor was more favourable than the second, it was made clear that the first assessment was an interim one and the second was final, so the College was entitled to rely upon the findings of the second assessment over the first

18. September 2018 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Professions – Physicians and surgeons – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Correctness – Reasonableness Alfahem v. College of Physicians & Surgeons of Alberta, [2018] A.J. No. 869, 2018 ABQB 539, Alberta Court ...

International arbitration award from New York was recognized and enforced in Ontario, despite party’s argument that it was not yet “binding” within the meaning of the Model Law as they still intended to argue issues of costs before the arbitrator

18. September 2018 0
Administrative law – Commercial Arbitrations – Arbitration and Award – Enforcement of Foreign Award – Judicial review – Appeals – Compliance with legislation – Standard of review – Correctness Popack v. Lipszyc, [2018] O.J. No. 3716, 2018 ONCA 635, Ontario Court of Appeal, July 12, 2018, D.H. Doherty, D.M. Brown and I.V.B. Nordheimer JJ.A. Popack ...