Welcome to the September 2007 Administrative Netletter.
In this issue:
Please let me know if you have any questions about any of the cases discussed in the netletter. I would be happy to provide you with additional information.
Sincerely,
William Clark,
Chair, Administrative Law Practice Group
Editor, Administrative Law Netletter
wclark@harpergrey.com
About this Newsletter
The Harper Grey LLP Administrative Netletter provides a monthly review of new cases and emerging issues in Canadian administrative law. These summaries are not legal opinions. Readers should not act on the basis of these summaries without first consulting a lawyer for analysis and advice on a specific matter.
Discrimination - Disability
Human rights complaints - Discrimination - Disability - Charter of Rights and Freedoms; Decisions of administrative tribunals - Human Rights Tribunal; Labour law - Collective agreements; Judicial review - Standard of review - Patent unreasonableness
A former employee of MacMillan Bloedel Limited who was injured in a car accident in 1979 (“Andrews”) was unsuccessful on his application for judicial review of a decision of the Human Rights Tribunal (the “Tribunal”) refusing to accept his complaint for filing because it did not allege facts which, if proven, could be discrimination under the Human Rights Code, R.S.B.C. 1996, c. 210 (the “Code”). Andrews v. British Columbia (Human Rights Tribunal), [2007] B.C.J. No. 1608
Physicians and Surgeons
Disciplinary proceedings - Competence - Penalties and suspensions; Decisions of administrative tribunals - College of Physicians and Surgeons; Judicial review - Natural justice - Procedural requirements and fairness - Standard of review - Correctness
A pathologist who was the subject of a complaint that he had not correctly diagnosed and reported pathology results concerning various forms of cancer (“Menon”) applied for judicial review of a suspension imposed by the College of Physicians and Surgeons of New Brunswick (the “College”), and succeeded in having the complaint referred to a Board of Inquiry pursuant to the Medical Act, SNB 1981, c. 87 (the “Act”). Menon v. College of Physicians and Surgeons of New Brunswick, [2007] N.B.J. No. 270
Registrar of Mortgage Brokers
Decisions of administrative tribunals - Registrar of Mortgage Brokers; Mortgage brokers - Disciplinary proceedings - Penalties and suspensions - Public interest; Judicial review - Disclosure - Evidence - Compliance with legislation - Standard of review -
The appeal by the Registrar of Mortgage Brokers from the decision of the Financial Services Tribunal that overturned the Registrar’s finding that a sub-mortgage broker (“Matick”) breached s. 17.3 of the Mortgage Brokers Act, R.S.B.C. 1996, c. 313 by failing to disclose his wife’s position as an employee of T.D. Canada Trust, was dismissed. Registrar of Mortgage Brokers v. Financial Services Tribunal, [2007] B.C.J. No. 1670
For comments or suggestions, please contact:
|
William Clark |
t: 604.895.2808 |
