Dion v. Cyr and Collège des psychologues (N.-B.), (1993) 140 N.B.R.(2d) 311 (TD)

• Judge: Deschênes, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: September 08, 1993
• Jurisdiction: New Brunswick
• Citations: (1993), 140 N.B.R.(2d) 311 (TD)

Dion v. Cyr (1993), 140 N.B.R.(2d) 311 (TD);

    140 R.N.-B.(2e) 311; 358 A.P.R. 311

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

....................

Pierre Dion (applicant) v. Albert Cyr and The College of Psychologists of New Brunswick, a body corporate (respondents)

(M/M/155/93)

Indexed As: Dion v. Cyr and Collège des psychologues (N.-B.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Moncton

Deschênes, J.

September 8, 1993.

Summary:

Dion sought to set aside two rulings of the Complaints Committee of the College of Psychologists of New Brunswick.

The New Brunswick Court of Queen's Bench, Trial Division, granted the applica­tion.

Administrative Law - Topic 2272

Natural justice - The duty of fairness - Circumstances to which duty applies - The College of Psychologists Act required the Complaints Committee to give a member whose conduct was being investigated at least a minimum time to submit ex­planations or representations in writing - However, in this case, the Committee held an actual hearing without the member having been able to obtain knowledge of the documents and oral evidence gathered by the Committee before submitting his explanations and representations - Follow­ing the hearing, the Complaints Committee decided to refer the complaints to the Discipline Committee - The New Bruns­wick Court of Queen's Bench, Trial Divi­sion, set aside the ruling because the duty to act fairly towards the member had not been met - See paragraphs 1 to 6.

Cases Noticed:

Acker v. Registrar of Motor Vehicles (N.B.) (1991), 119 N.B.R.(2d) 77; 300 A.P.R. 77 (C.A.), refd to. [para. 3].

Gaetz v. Palacios-Boix and Provincial Medical Board (N.S.) (1993), 121 N.S.R.(2d) 324; 335 A.P.R. 324 (S.C.), refd to. [para. 3].

Stumbillich Estate v. Health Disciplines Board (1984), 6 O.A.C. 51; 47 O.R.(2d) 545 (C.A.), refd to. [para. 3].

Statutes Noticed:

College of Psychologists Act, S.N.B. 1980, c. 61, sect. 14 [para. 2]; sect. 14(2)(a), sect. 14(2)(c) [para. 7]; sect. 15(2) [para. 6]; sect. 15(4) [para. 7].

Counsel:

Marie-Claude Bélanger-Richard, for the applicant;

Robert G. Basque, for the College of Psy­chologists of New Brunswick.

This application was heard on September 2, 1993, by Deschênes, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Moncton.

The following decision was rendered by Deschênes, J., on September 8, 1993.