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The Federal Court found a correctional officer used unjustified force against Kelsey Stewart, causing facial injuries. It awarded $50,000 for battery and $15,000 for Charter vindication.
Because the NSHA's complaints process as applied to these privileged physicians had significant potential to affect their ability to practice, a high degree of procedural fairness was required; the NSHA exceeded Policy discretion by involving Medical Affairs/ZMED, failed to provide adequate disclosure and an opportunity to be heard on findings and sanctions, and thereby breached the applicants' duty of procedural fairness; the Decisions dated May 1, 2023 are quashed and the parties are to agree or submit on an appropriate remedial process and costs.
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The court dismissed a Societies Act oppression petition brought by a clinical counsellor, finding the association acted fairly, reasonably, and within its bylaws.
The member found the appellant voluntarily resigned (resignation form and ROE, union advice and his own confirmations) and that he had reasonable alternatives—waiting for the employer's investigation outcome and pursuing union recourse including grievance—so he did not establish just cause under s.29(c) of the Employment Insurance Act and is disqualified from benefits.
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The Court dismissed the appeal: on a s.87 application the court's role is limited to determining whether there has been a breach of the statute by non-cooperation and whether the statute permits the order; the College established Dr. Kilian was under investigation and refused to cooperate so the s.87 order compelling production and cooperation was proper; lawfulness and constitutional challenges must be raised before the Discipline Committee and, if necessary, judicially reviewed after the administrative process is complete; the application judge did not err in refusing to exercise discretion…
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The court dismissed a habeas corpus application challenging an inmate’s transfer from medium to maximum security and related reclassification after institutional misconduct and drug-related intelligence.
The court upheld a dismissal for cause, finding the employee repeatedly demeaned and belittled staff, and that the conduct justified termination despite prior warnings.
The Statement of Claim disclosed no reasonable cause of action against the Law Society because its investigative and disciplinary functions are judicial or quasi‑judicial and immune from negligence suits absent an allegation of bad faith or malice; Anns/Kamloops does not abrogate statutory and judicial immunity in these circumstances; accordingly the appeal is dismissed and the claim struck out as against the Law Society.
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