Gaw v. Commissioner of Corrections, (1986) 2 F.T.R. 122 (TD)

• Judge: Dube, J.
• Court: Federal Court (Canada)
• Case Date: January 13, 1986
• Jurisdiction: Canada (Federal)
• Citations: (1986), 2 F.T.R. 122 (TD)

Gaw v. Commr. of Corrections (1986), 2 F.T.R. 122 (TD)

MLB headnote and full text

Gaw v. Commissioner of Corrections

(No. T-2827-85)

Indexed As: Gaw v. Commissioner of Corrections

Federal Court of Canada

Trial Division

Dube, J.

January 14, 1986.

Summary:

The applicant applied for an order of mandamus to compel the Commissioner of Corrections to comply with an investigation procedure he had undertaken to comply with.

The Federal Court of Canada, Trial Division, allowed the application.

Administrative Law - Topic 2202

Natural justice - Policies or rules adopted by tribunal - Tribunal bound by undertakings on procedure - The Commissioner of Corrections assured an employee that a preliminary inquiry respecting alleged misconduct on the employee's part was only to determine whether the matter should be investigated further and, if necessary, a formal hearing with full procedural protections to the employee would follow - The preliminary inquiry resulted in a recommendation for a formal hearing, but the Commissioner decided to dispose of the matter without a formal hearing - The Federal Court, Trial Division, granted the employee's application for mandamus to compel a formal hearing and held that the Commissioner was bound by his undertaking to hold a formal hearing after the preliminary inquiry.

Cases Noticed:

R. v. Liverpool Corporation, ex parte Liverpool Taxi Fleet Operators' Association and another, [1972] 2 Q.B. 299, appld. [para. 9].

Multi-Malls Inc. et al. and Minister of Transportation and Communications, Re, 73 D.L.R.(3d) 18, appld. [para. 9].

R. v. Inland Revenue Commissioners, ex parte Preston, [1983] Q.B. 310, appld. [para. 9].

Attorney General of Hong Kong v. Ng Yuen Shiu, [1983] 2 All E.R. 346, appld. [para. 9].

R. v. Secretary of State for the Home Department, ex parte Khan, [1985] 1 All E.R. 40, appld. [para. 9].

Counsel:

J.R. McMillan, for the applicant;

Wm. Scarth, for the respondent.

Solicitors of Record:

Campbell, Donegani & Wood, Victoria, British Columbia, for the applicant;

F. Iacobucci, Deputy Attorney General for Canada, for the respondent.

This case was heard on January 13, 1986, at Vancouver, British Columbia, before Dubé, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on January 14, 1986: