Not exact matches
[118] As I have found that decision to have infringed the Applicants» Charter rights and have concluded that the
Committee's finding that the Applicants» conduct constituted non-academic misconduct for which they should be
disciplined constituted an unreasonable decision, I am of the view that the Review
Committee's decision should be quashed and that this is not a case where the matter need be referred to the Board of Governor's Student Discipline Review
Committee to consider an
appeal from that decision.
The college was successful on an
appeal to Divisional Court, where the judges blasted the
discipline committee and ordered that a new penalty hearing be held.
Frequently appears as prosecution counsel and defence counsel for colleges of regulated professionals before
discipline committees and on
appeal or judicial review in the courts;
Appeal Board decision: The Investigative
Committee appealed the panel's decision to the
Appeal Board of APEGA, which quashed the panel's decision and remitted the matter to a differently - constituted
discipline panel for a new hearing; the panel erred in finding that the Investigative
Committee had to approve specific charges, and in finding that the referral by the Investigative
Committee was tainted by a reasonable apprehension of bias.
Furthermore, a court may consider as premature any review of an inquiry
committee decision before the conclusion of the entire matter, e.g., after a
discipline hearing, as noted by the Alberta Court of
Appeal in MK Engineering Inc. v The Association of Professional Engineers and Geoscientists of Alberta
Appeal Board, 2014 ABCA 58.
A sharply divided national federal judicial
discipline committee ruled 3 to 2 in late April that it had no power to sanction Real, 81, because the chief judge of the U.S. 9th Circuit Court of
Appeals failed to properly investigate the complaint.
Parties: The parties to the
appeal are, of course, the appellant, the other parties to the proceeding before the
discipline committee, and any other person as added by the
appeals committee.
The
appeals committee will follow essentially the same process as the
discipline committee with respect to disclosure of evidence and notice of a decision.
Again, in our view, the
appeals committee will be the third level of authority in the complaint process, after the Registrar and the
discipline committee.
If passed, here's what the proposed regulations tell us about both the
discipline committee and the
appeals committee:
Limitation: If warranted, a party must
appeal a decision from the
discipline committee within 30 days of the
discipline committee's order.
(d) the person subject to the order, or the superintendent, may
appeal an order of a
discipline committee under Division 2 [
Discipline Proceedings] of this Part;
Proprio Direct disputed the
discipline committee's rulings before the Court of Quebec, but lost; a subsequent hearing before the Court of
Appeal of Quebec in July reversed that decision, finding in favour of Proprio Direct.
The former Fenelon Falls broker had refused to pay more than $ 8,000 in fines and costs levied by RECO after its
discipline committee and then its membership
appeals committee ruled that Luzak had contravened the council's Code of Ethics.