Decisions of administrative tribunals

Investigations - Role of investigator; Real estate appraisers - Disciplinary proceedings; Judicial review - Natural justice - Procedural requirements and fairness
The action by a real estate appraiser ("Egerton") seeking to set aside the decision of the Appeal Board of the Appraisal Institute of Canada ("AIC"), which had confirmed the discipline of reprimand imposed on Egerton by the Adjudicating Committee of the AIC, was allowed where the Court found that AIC did not conduct the disciplinary process in a fair, open and impartial manner.

Human Rights Tribunal; Human rights complaints - Drug and alcohol testing - Policies - Discrimination - Disability - Duty to accommodate; Employment law - Termination of employment; Judicial review - Standard of review - Correctness - Patent unreasonablen
A construction company appealed a chambers judge's decision which had overturned the Human Rights Panel's determination and finding that the Respondent had been the victim of discrimination because of the company's drug testing policy. The chambers judge's conclusion that the effect of the company's policy was to exclude the Respondent from employment on the basis of perceived disability could not be sustained. There was a clear connection between the policy and its purpose, which was to reduce workplace accidents by prohibiting workplace impairment.

Fisheries

Fisheries - Licence applications - Duty of Crown employees; Judicial review - Jurisdiction of court - Ministerial orders - Stay of proceedings
The appeals by the Plaintiff fishermen from an application Judge's decision striking their actions on the ground that they constituted a challenge to the ministerial decisions over which the Supreme Court of Newfoundland had no jurisdiction, was allowed in part, and the Court ordered that stays should have been entered pending judicial review before the Federal Court.

Universities & Colleges

Students - Admissions - Student discipline - Hearings - Procedural requirements and fairness - Failure to provide reasons; Judicial review - Standard of review - Reasonableness simpliciter
The Court quashed a decision of the Appeals Committee of the respondent College refusing to readmit the applicant. The Committee's reasons were inadequate and amounted to a breach of procedural fairness, and were so sparse as to render the decision unreasonable on the merits.

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