http://www.harpergrey.com/ Harper Grey: Newsletter: Administrative RSS Feed en-us Copyright 2012, Harper Grey stannock@pencilnecksoftware.com (Natasha Chetty) support@pencilnecksoftware.com (Pencilneck Software) Fri, 18 May 2012 18:42:00 GMT Newsletter: Administrative Pencilneck Software Pencilneck CMS v. 4.3 (http://www.pencilnecksoftware.com) http://blogs.law.harvard.edu/tech/rss 60 http://www.harpergrey.com/administrative/2012/04/article407/ Supreme Court of Canada upheld the Nova Scotia Human Rights Commission’s decision to refer a complaint about differential funding of French-language schools in Halifax to a board of inquiry. The decision was a discretionary determination by an administrative tribunal exercising a screening function warranting deference. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/04/article407/ Tue, 24 Apr 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2012/04/article406/ The decision of the Senate to suspend a university student for misconduct was set aside for lack of procedural fairness and an order was made to implement the Senate Committee’s recommendation allowing the student's appeal. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/04/article406/ Tue, 24 Apr 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2012/04/article405/ The applicant, a registrant midwife of the Respondent College of Midwives of Ontario, requested an order requiring the College to disclose the complete record of proceedings relating to a decision of the College's Inquiries, Complaints and Reports Committee in respect of her associate and fellow College registrant. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/04/article405/ Tue, 24 Apr 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2012/04/article404/ The Ontario Health Professions Appeal and Review Board acted unreasonably in its decision to review a decision in respect of multiple physician registrants listed, even though the complainant had withdrawn her review request against all but one of the registrants. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/04/article404/ Tue, 24 Apr 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2012/03/article395/ The Appellant (“Merck”) unsuccessfully appealed from a Federal Court of Appeal decision relating to an Access to Information Act request. The request related to certain documents submitted by Merck to the Respondent, Health Canada, when it sought approval to market the drugs. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/03/article395/ Thu, 22 Mar 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2012/03/article394/ The Applicants, two high school students, unsuccessfully applied for judicial review of their private school’s decision to expel them for marijuana use. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/03/article394/ Thu, 22 Mar 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2012/03/article393/ The Court of Appeal allowed the appeal of the Worker’s Compensation Board and restored its decision to compensate an injured worker based on calculations made under a new policy implemented under the Workers’ Compensation Act. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/03/article393/ Thu, 22 Mar 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2012/03/article392/ The Court of Appeal dismissed the Appellant’s appeal from a decision of the College of Physicians and Surgeons which imposed a global penalty on the Appellant for 31 counts of professional misconduct. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/03/article392/ Thu, 22 Mar 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2012/02/article378/ The Attorney General of Canada successfully sought judicial review of a decision of the Canadian Human Rights Commission in which it had forwarded the complaint of Cam-Linh Tran to the Canadian Human Rights Tribunal. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/02/article378/ Tue, 21 Feb 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2012/02/article377/ A complainant's application to the Law Society of Alberta to disclose its investigative report was dismissed. On judicial review, the Court agreed stating that a self-regulating profession has a duty to the public to respond to complaints properly, and disclosure of its records might hamper its ability to investigate complaints. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/02/article377/ Tue, 21 Feb 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2012/02/article376/ The duty of fairness dictates that a decision maker cannot be involved in every level of an applicant's proceedings. Such involvement creates a reasonable apprehension of bias. This can apply even if the ultimate issue becomes moot. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/02/article376/ Tue, 21 Feb 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2012/02/article375/ Catalyst Paper Corporation (the "Mill"), sought to have a decision upholding a municipal taxation bylaw, that it claimed was unreasonable, set aside. The Supreme Court of Canada was asked to pronounce on Courts' power to review municipal taxation bylaws. The appeal was dismissed. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/02/article375/ Tue, 21 Feb 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2012/01/article363/ A physician’s application for judicial review of the decision of the Ministry of Health and Long Term Care “and/or” the general manager of Ontario Health Insurance Plan (OHIP) denying him payment for medical services billed in 2002, 2003, and 2004 was set aside on the basis of delay. While the physician had distractions, there was no satisfactory explanation provided for the excessive delay in bringing the judicial review application and there was evidence of actual prejudice to the respondent. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/01/article363/ Thu, 26 Jan 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2012/01/article362/ The Inquiries Complaints and Reports Committee of the College of Nurses of Ontario (the “ICRC”) is a screening committee and not a quasi-judicial one, it still owed a disclosure obligation to the applicant member of the College. In this case, the College agreed that the decision of the ICRC should be quashed and the matter remitted to a differently constituted panel of the ICRC, with directions that the applicant be allowed to make submissions in respect of seven witness statements. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/01/article362/ Thu, 26 Jan 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2012/01/article361/ The appeal by a union from a decision overturning a Chambers judge’s decision to set aside an arbitrator’s decision due to insufficient reasons was dismissed where the Court found that the arbitrator’s decision was reasonable and the reasons allowed a reviewing Court to understand why the tribunal had made its decision and permitted it to determine whether the conclusion was within the range of acceptable outcomes. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/01/article361/ Thu, 26 Jan 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2012/01/article360/ The appeal by the Alberta (Information and Privacy Commissioner) of the decision to quash an adjudicator’s ruling that the Commissioner had lost jurisdiction due to the failure to extend the period for the completion of an inquiry was allowed where the Court found that the implied decision of the Commissioner to extend time, which was adopted by the delegated adjudicator, was reasonable. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/01/article360/ Thu, 26 Jan 2012 05:00:00 GMT http://www.harpergrey.com/administrative/2011/12/article345/ The applicant, Truckair, successfully applied for judicial review of a Provincial Court judge’s decision not to recuse himself in a hearing about his jurisdiction to decide a Charter issue. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/12/article345/ Thu, 22 Dec 2011 05:00:00 GMT http://www.harpergrey.com/administrative/2011/12/article344/ The appellant warden of Mission Institution was unsuccessful in her appeal of a chambers decision which ordered that the respondent inmate be returned from Kent Institution to Mission Institution. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/12/article344/ Thu, 22 Dec 2011 05:00:00 GMT http://www.harpergrey.com/administrative/2011/12/article343/ The court of appeal set aside the application judge’s ruling and held that police officers involved in Special Investigations Unit (the "SIU") investigations were not allowed to have a lawyer vet or assist in the preparation of their field notes. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/12/article343/ Thu, 22 Dec 2011 05:00:00 GMT http://www.harpergrey.com/administrative/2011/12/article342/ The Court of Appeal remitted the matter back to the BC Securities Commission after it failed to provide an explanation for why its decision to limit the appellant’s ability to trade securities was in the best interests of the public. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/12/article342/ Thu, 22 Dec 2011 05:00:00 GMT http://www.harpergrey.com/administrative/2011/11/article329/ Sierra Club Canada (“Sierra Club”) sought a declaration invalidating a permit granted by the Minister of Natural Resources of Ontario (“Ontario”) allowing for a bridge to be built across the Detroit River, and the attendant disturbance of the habitat of several species (the “Permit”). stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/11/article329/ Thu, 24 Nov 2011 05:00:00 GMT http://www.harpergrey.com/administrative/2011/11/article327/ A lawyer (“Luk”) lost her appeal from a professional misconduct conviction by the Law Society of Manitoba (the “Law Society”) for failing to notify her insurer after becoming aware of facts giving rise to a potential claim. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/11/article327/ Thu, 24 Nov 2011 05:00:00 GMT http://www.harpergrey.com/administrative/2011/11/article326/ The Supreme Court of Canada held that the Canadian Human Rights Tribunal does not have the power to award legal costs as part of a compensation order. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/11/article326/ Thu, 24 Nov 2011 05:00:00 GMT http://www.harpergrey.com/administrative/2011/11/article325/ A judicial review application brought on by a physician was dismissed by the Ontario Superior Court as it declined to intervene during the course of the administrative proceeding. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/11/article325/ Thu, 24 Nov 2011 05:00:00 GMT http://www.harpergrey.com/administrative/2011/10/article303/ The Court allowed a prison inmate's application for judicial review of the denial of his third level grievance regarding the warden's refusal to approve his nomination for a position on the inmate committee. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/10/article303/ Wed, 12 Oct 2011 05:00:00 GMT