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) Wed, 22 Feb 2012 18:52:00 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/2012/02/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 06:00:00 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 06:00:00 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 06:00:00 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 Court dismissed the appeal. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2012/02/article375/ Tue, 21 Feb 2012 06:00:00 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 06:00:00 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 06:00:00 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 06:00:00 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 06:00:00 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 06:00:00 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 06:00:00 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 06:00:00 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 06:00:00 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 06:00:00 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 06:00:00 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 06:00:00 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 06:00:00 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 06:00:00 GMT http://www.harpergrey.com/administrative/2011/10/article302/ The Court set aside and remitted back to a re-hearingthe the decision of British Columbia Human Rights Tribunal which had found that sexual harassment constituted discrimination based on sex. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/10/article302/ Wed, 12 Oct 2011 06:00:00 GMT http://www.harpergrey.com/administrative/2011/10/article300/ The Court ordered that a de novo hearing by the Director of Companies (Manitoba) involving fresh evidence was required for accountability and for justice to be seen to be done. The Court further held that no costs should be ordered against either the Director or the respondent either by the Court of Appeal or the lower court. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/10/article300/ Wed, 12 Oct 2011 06:00:00 GMT http://www.harpergrey.com/administrative/2011/10/article299/ The Court set aside the decision of the Chambers judge which held that a WCB Medical Review Panel's decision was unreasonable and dismissed the respondent's petition for judicial review. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/10/article299/ Wed, 12 Oct 2011 06:00:00 GMT http://www.harpergrey.com/administrative/2011/09/article286/ The Province of Ontario was partly successful on appeal of a motion judge’s order to stay its Superior Court application on the ground that an arbitration process ought to have been followed in a dispute with Imperial Tobacco regarding the scope and effect of a release Ontario provided as a term of settlement of a civil claim against Imperial. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/09/article286/ Tue, 13 Sep 2011 06:00:00 GMT http://www.harpergrey.com/administrative/2011/09/article285/ A certified management accountant, who had committed professional misconduct, succeeded in reducing a sanction imposed by an appeals tribunal of the Complaints Inquiry Committee of the Certified Management Accountants of Alberta. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/09/article285/ Tue, 13 Sep 2011 06:00:00 GMT http://www.harpergrey.com/administrative/2011/09/article284/ The Registrar of Mortgage Brokers successfully appealed a decision of the Supreme Court relating to the application of section 22(7) of the Mortgage Brokers Act to Mr. Westergaard’s application for registration. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/09/article284/ Tue, 13 Sep 2011 06:00:00 GMT http://www.harpergrey.com/administrative/2011/09/article283/ The Applicants, BP Canada and Inter Pipeline Fund, were granted leave to appeal a decision of the Energy Resources Conservation Board in respect of approvals it granted to a different company, Taylor Processing Inc. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/09/article283/ Tue, 13 Sep 2011 06:00:00 GMT http://www.harpergrey.com/administrative/2011/08/article276/ The Alberta Association of Architects (the “Association”)’s attempt to permanently enjoin Mr. Zul Boga (“Boga”) from practising architecture in future was found to be premature. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2011/08/article276/ Mon, 29 Aug 2011 06:00:00 GMT