Netletter

Welcome to the November 2009 Administrative Netletter.

In this issue:

  1. Child abuse registers
  2. Decisions of administrative tribunals
  3. Military police
  4. Workers compensation

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, Professional Regulation 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 professional regulation, liability and 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.


Child abuse registers

Judicial review - Delay - Compliance with legislation; Limitations
The Appellant, Child and Family All Nations Coordinated Response Network, unsuccessfully appealed a decision holding that its failure to abide by timelines set out in the Child Abuse Regulation, Man. Reg. 14/99 rendered its decision a nullity.

Decisions of administrative tribunals

College of Physicians and Surgeons; Physicians and Surgeons - Competence; Judicial review - Standard of review - Reasonableness simpliciter
The court set aside a decision of the Respondent Review Board and reinstated the decision of the College of Physicians and Surgeons’ Complaints Committee, which had decided to take no further action in respect of a complaint brought against the applicant physician.

Military police

Disciplinary proceedings - Investigations - Public interest - Jurisdiction; Judicial review - Compliance with legislation - Statutory interpretation
The Attorney-General successfully appealed a decision made by the Military Police Complaints Commission to investigate the treatment of detainees in Afghanistan, on the basis that such matters are beyond the jurisdiction of the Commission.

Workers compensation

Decisions of administrative tribunals - Workers Compensation Boards; Workers Compensation - Benefits - Policies; Judicial review - Evidence - Standard of review - Reasonableness simpliciter
The Applicant successfully sought judicial review of the Respondent Board’s decision to discontinue his disability benefits.


For comments or suggestions, please contact:

William Clark
Professional Regulation Group Chair
Harper Grey LLP
Barristers & Solicitors

t: 604.895.2808
f: 604.669.9385
e: wclark@harpergrey.com
w: harpergrey.com

   
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