Border Services Agency

Decisions of Administrative Tribunals - Border Service Agency - Jurisdiction of court; Judicial review - Parties - Compliance with legislation - Constitutional issues - Federal and provincial legislation
Federal Court decided that it did not have the jurisdiction to review the correctness of a decision made by the Canada Border Services Agency (“CBSA”) to collect a Liquor Control Board of Ontario (“LCBO”) mark-up on bottles of wine purchased in the United States, on the basis that such review would require the Court to interpret the provisions of provincial law and the relevant contractual instruments, a task which fell outside the jurisdictional confines of s. 18 of the Federal Courts Act.

College of Chiropractors

Decisions of Administrative Tribunals - College of Chiropractors; Chiropractors - Disciplinary proceedings - Professional misconduct or conduct unbecoming - Sexual relations with patient - Spousal relationship - Treating family members; Judicial review -
The Appellant chiropractor appealed a decision of the discipline committee of the Respondent College, which had found him guilty of professional misconduct because he had sexually abused a patient. The Court allowed the appeal, finding that the committee's failure to consider the Appellant's pre-existing intimate relationship with the alleged victim, before she became a patient, or to consider the College's policies regarding treatment of family members, rendered its decision unreasonable.

Consent and Capacity Board

Decisions of Administrative Tribunals - Consent and Capacity Board - Capacity - Test Consent to treatment - Mental health; Judicial review - Compliance with legislation - Standard of review - Reasonableness simpliciter - Natural justice
The Appellant appealed the decision of the Consent and Capacity Board (the “Board”) confirming the finding of a physician that the Appellant was incapable of consenting to treatment within the meaning of the Health Care Consent Act, S.O. 1996, c. 2 (“HCCA”). The Appellant sought an Order quashing the decision of the Board and an Order finding the Appellant capable to consent to or refuse treatment, or, alternatively, an Order remitting the matter to the Board for a new hearing on the issue of capacity, with directions.

Veterinary Associations

Veterinary Associations; Veterinarians - Disciplinary proceedings - Professional misconduct or conduct unbecoming; Judicial review - Hearsay evidence, admissibility - Natural justice - Procedural requirements
A veterinarian appealed a decision of the Respondent Association, which had found him guilty of unprofessional conduct for inappropriately trapping, handling, and marketing white-tailed deer. The Court allowed the appeal and quashed the Association's decision, on the basis that it had admitted into evidence a videotaped statement without a correct consideration of the applicable principles, contrary to specific provisions in the Wildlife Act and in breach of the discipline committee's duty of fairness.

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