Supreme Court

Decision Information

Barsoum v Pape, Watson and Guse

Court Supreme Court
Date 1988-08-18
Other citations [1988] N.W.T.R. 368 – 34 Admin. L.R. 100 (S.C.)
File numbers 01239
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
GAL-CAB INVESTMENTS LTD. V. LIQUOR LICENSING BOARD (1987) N.W.T.R. 100 (C.A.);
COMMITTEE FOR JUSTICE AND LIBERTY V. NATIONAL ENERGY BOARD (1978) 1 S.C.R. 369, 68 D.L.R. (3D) 716;
MERSEY DOCKS AND HARBOUR BOARD TRUSTEES V. GIBBS (1866) L.R. 1 H.L. 93;
JEFFS V. NEW ZEALAND DAIRY PRODUCTION AND MARKETING BOARD (1967) 1 A.C. 551 (P.C.);
RINGROSE V. COLLEGE OF PHYSICIANS AND SURGEONS OF ALBERTA (1977) 1 S.C.R. 814.

Statutes considered:
PHARMACY ACT, R.O.N.W.T., 1974, C. P-7, S. 16, 17
Decision information:

Abstract: Application for prohibition of the Respondents from acting as a Board of Inquiry and conducting a hearing into charges of malpractice against the Applicant - Complaints received by certain members of the public as to competency of the Applicant.
Decision: Prohibition granted on grounds of reasonable apprehension of bias - Court found evidence that the Board treated as fact certain unproven facts and had essentially pre-judged the Applicant.
Subjects: Medicine and health disciplines - Pharmacists
Keywords: Resaonable apprehension of bias
Natural justice
Jurisdiction - prohibition

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