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About this newsletterThe Harper Grey LLP Administrative Law Observer 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. |
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Human Rights Commission; Human rights complaints
Discrimination - Investigations - Evidence ; Employment law - Appointment; Judicial review - Jurisdiction - Procedural requirements and fairness - Standard of review - Correctness The Attorney General of Canada successfully sought judicial review of a decision of the Canadian Human Rights Commission in which it had forwarded the complaint of Cam-Linh Tran to the Canadian Human Rights Tribunal. |
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Law Societies; Barristers and solicitors
Professional misconduct - Investigations - Abuse of process - Disclosure of record;Judicial review - Procedural requirements and fairness A complainant's application to the Law Society of Alberta to disclose its investigative report was dismissed. On judicial review, the Court agreed stating that a self-regulating profession has a duty to the public to respond to complaints properly, and disclosure of its records might hamper its ability to investigate complaints. |
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Municipal councils
By-laws; Municipalities - By-laws - Taxation - Validity; Judicial review - Compliance with legislation - Standard of review - Reasonableness simpliciter The appellant, Catalyst Paper Corporation (the "Mill"), sought to have a decision upholding a municipal taxation bylaw set aside. The Supreme Court of Canada was asked to pronounce on the Courts' power to review municipal taxation bylaws. The appeal was dismissed. Notwithstanding that the Mill paid a grossly disproportionate part of the municipal's property tax levy while obtaining very little in exchange in terms of services, the Court held that the taxation bylaw fell within the reasonable range of outcomes. |
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University Committees; Universities
Evaluation of professors; Judicial review - Bias - Mootness - Procedural requirements and fairness - Natural justice The duty of fairness dictates that a decision maker cannot be involved in every level of an applicant's proceedings. Such involvement creates a reasonable apprehension of bias. This can apply even if the ultimate issue becomes moot. In this case, the applicant, a foreign trained anaesthesiologist applied for judicial review of the joint committee of the Senate and the Board of Governors of the University of Ottawa, which had refused to promote him to the position of Associate Professor. He was required to become an Associate Professor or he would lose his license to practice in Ontario. While the applicant met the teaching and research requirements of the University, he was denied the position because of a previously finding that he sexually harassed a colleague. |
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Welcome to the February 2012 Administrative NewsletterPlease let me know if you have any questions about any of the cases discussed in the net letter. I would be happy to provide you with additional information. Sincerely, William Clark, |
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