Private Training Schools Act (P.E.I.), Administrator v. Private Training Schools Act (P.E.I.) Appeals Board, (1998) 166 Nfld. & P.E.I.R. 319 (PEITD)

• Judge: Jenkins, J.
• Case Date: June 29, 1998
• Jurisdiction: Prince Edward Island
• Citations: (1998), 166 Nfld. & P.E.I.R. 319 (PEITD)

Pte. Training Sch. Act (1998), 166 Nfld. & P.E.I.R. 319 (PEITD);

    511 A.P.R. 319

MLB headnote and full text

Temp. Cite: [1998] Nfld. & P.E.I.R. TBEd. JL.033

Administrator of the Private Training Schools Act, R.S.P.E.I. 1988, Cap. P-20.1 (applicant) v. The appeal board established pursuant to section 9 of the Private Training Schools Act, consisting of Frank Ledwell (chairperson), John MacDougall and Ron Rice (respondents)

(GSC-16600)

Indexed As: Private Training Schools Act (P.E.I.), Administrator v. Private Training Schools Act (P.E.I.) Appeals Board

Prince Edward Island Supreme Court

Trial Division

Jenkins, J.

July 7, 1998.

Summary:

The applicant Administrator administered private training schools under the Private Training Schools Act. The Administrator cancelled Morrison's registration to operate under the Act. Morrison appealed and nomi­nated MacDougall, her counsel on the appeal, to the tripartite appeal board. The Administrator objected to the board's com­position, particularly, Morri­son's nominee, MacDougall. The board held that it was properly consti­tuted. The Admin­istrator applied for judicial review in the nature of certiorari.

The Prince Edward Island Supreme Court, Trial Division, allowed the application.

Administrative Law - Topic 2085

Judicial review - Constitution of board or tribunal - Bias - Acting in multiple roles or capacities - The applicant Administrator administered private training schools under the Private Training Schools Act - The Administrator cancelled Morrison's regis­tration to operate under the Act - Morri­son appealed and nominated MacDougall, her counsel on the appeal, to the tripartite appeal board - The Administrator objected to the board's composition, particularly, Morrison's nominee, MacDougall - The board held that it was properly consti­tuted - The Administrator applied for judicial review in the nature of certiorari - The Prince Edward Island Supreme Court, Trial Division, allowed the application - A person could not sit in judgment of his own cause, or both pros­ecute and adjudge that cause.

Cases Noticed:

Bethany Care Centre v. United Nurses of Alberta, Local No. 91 et al. (1983), 50 A.R. 250; 5 D.L.R.(4th) 54 (C.A.), leave to appeal refused (1984), 52 N.R. 400; 50 A.R. 160, (S.C.C.), refd to. [para. 19].

United Nurses of Alberta, Local 115 v. Foothills Provincial General Hospital Board (1986), 69 A.R. 271; 27 D.L.R.(4th) 665 (C.A.), refd to. [para. 19].

Simmons v. Government of Manitoba (1981), 13 Man.R.(2d) 55 (C.A.), refd to. [para. 22].

Szilard v. Szasz, [1955] 1 D.L.R. 370; [1955] S.C.R. 3, refd to. [para. 22].

Pine Creek School Division No. 30 v. Pine Creek Division Association No. 30 of the Manitoba Teachers' Society (1979), 1 Man.R.(2d) 93; 103 D.L.R.(3d) 672 (C.A.), affd (1980), 5 Man.R.(2d) 179; 121 D.L.R.(3d) 509 (S.C.C.), refd to. [para. 24].

Gypsumville District Teachers' Association No. 1612 of the Manitoba Teachers' Society v. Consolidated School District of Gypsumville No. 2461 - see Pine Creek School Division No. 30 v. Pine Creek Division Association No. 30 of the Manitoba Teachers' Society.

Flin Flon Division Association No. 46 and Flin Flon School Division No., Re 46 (1964), 47 D.L.R.(2d) 87 (Man. Q.B.), refd to. [para. 25].

Authors and Works Noticed:

Adams, Canadian Labour Law (2nd Ed.), pp. 4.49 to 4.53 [para. 20].

Brown and Beatty, Canadian Labour Arbi­tration (3rd Ed.), pp. 1-26, 1-27 [para. 25].

Canadian Bar Association, Code of Pro­fessional Conduct, c. VIII, p. 27; c. V [para. 21].

Counsel:

Denise N. Doiron, for the applicant;

John L. MacDougall, Q.C., for Maureen Morri­son and John Ray Ellen School of Esthetics.

This application was heard on June 29, 1998, at Charlottetwon, P.E.I., by Jenkins, J., of the Prince Edward Island Supreme Court, Trial Division, who delivered the following decision on July 7, 1998.