Decisions of administrative tribunals

International Trade Tribunal; Judicial review - Procedural requirements and fairness - Standard of review - Patent unreasonableness
An application for judicial review of a decision of the Canadian International Trade Tribunal was allowed in part. The tribunal conducted an inquiry to determine whether the dumping of steel fasteners from China and Taipei in Canada had caused or threatened injury to the domestic market. The tribunal erred in failing to adequately consider material before it relating to one applicant’s exclusion request and its decision not to grant an exclusion to the product was patently unreasonable as it was not in accordance with reason. GRK Fasteners v. Leland Industries Inc., [2006] F.C.J. No. 446

Energy and Utilities Board - Rate increases - Prudence inquiry; Judicial review - Appeals
The Appellant energy board appealed from an order of the Divisional Court setting aside the Board’s order on an application for a rate increase brought by the Respondent gas distributor. The Court allowed the appeal, finding that the Board had properly applied the “prudence” inquiry which was required on an application for a rate increase. Enbridge Gas Distribution Inc. v. Ontario (Energy Board), [2006] O.J. No. 1355

Land Value Appraisal Commission; Municipalities - Planning and zoning - Property assessment - Expropriation; Judicial review - Standard of review - Correctness - Reasonableness simpliciter
The Province appealed an award made by the Land Value Appraisal Commission pursuant to the Expropriation Act, and argued that the Commission’s valuation had taken into account the imminence of development based on expropriation itself. The Court dismissed the appeal, finding that the Commission had properly set a value on the property that was based on many factors. Carloni v. Manitoba, [2006] M.J. No. 125

Employment law

Termination of employment - Government employees; Decisions of administrative tribunals - Adjudications; Judicial review - Jurisdiction - Procedural requirements and fairness - Standard of review - Reasonableness simpliciter
The Court of Appeal dismissed an appeal by an employee from a decision setting aside an adjudicator’s order reinstating him to his former position, finding that the Province retained the right to dismiss non-unionized civil service employees for cause or with reasonable notice. New Brunswick (Board of Management) v. Dunsmuir, [2006] N.B.J. No. 118

Municipalities

Planning and zoning; Decisions of administrative tribunals - Subdivision and Development Appeal Board; Hearings; Judicial review - Bias - Natural justice
The Court allowed an appeal from a decision of the Respondent Appeal Board which had set aside the Appellant’s development permit. The Court found that there was a reasonable apprehension of bias on the part of one of the members of the Board, and the matter was remitted for a re-hearing. Mountain Creeks Ranch Inc. v. Yellowhead (County) Subdivision and Development Appeal Board, [2006] A.J. No. 398

Paramedics

Competence - Disciplinary proceedings - Suspensions; Decisions of administrative tribunals - Medical director; Judicial review - Jurisdiction of court - Public body - Procedural requirements and fairness - Natural justice - Bias - Standard of review - Cor
The Court dismissed a former paramedic’s application for judicial review of a decision by a hospital’s Medical Director to decertify her as both a Primary Care Paramedic and Advanced Care Paramedic. The Court found that it had jurisdiction to review the decision, but that the Applicant had not been denied natural justice, the Medical Director’s decision was reasonable, and he had not exhibited bias. Scheerer v. Waldbillig, [2006] O.J. No. 744

Physicians and Surgeons

Employment law - Termination of employment; Decisions of administrative tribunals - Health authorities; Hearings; Judicial review - Public body - Procedural requirements and fairness
A health authority terminating the Professional Services Contract of a physician had the duty to act fairly which included the right of the physician to know why his services were not satisfactory, reasons why disciplinary action was contemplated and why the termination was being considered. In addition, the physician should have been given the opportunity to be heard. The duty of fairness did not form part of employment law but stemmed from the fact that the employer is a public body whose powers are derived from statute and must be exercised according to the rules of administrative law. ,Shaikh v. Regional Health Authority 7, [2005] N.B.J. No. 581

Stock Brokers

Disciplinary proceedings; Hearings - Stay of proceedings; Decisions of administrative tribunals - Securities Commission - Delay - Abuse of process - Judicial review - Appeals and leave to appeal - Jurisdiction
The Court refused the applicant’s leave to appeal the Respondent Commission’s interlocutory ruling and the Commission was entitled to proceed against the Applicant, notwithstanding that the CDNX exchange had imposed penalties on him in respect of the same underlying conduct. The Applicant’s other grounds of appeal were deemed premature, as the Court lacked a factual basis for granting appeal. Smolensky v. British Columbia (Securities Commission), [2006] B.C.J. No. 727

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