Anne-Marie Brunet

The appellant, Imperial Oil, formerly operated a petroleum depot on a site that was later sold and developed for residential use.

When hydrocarbon contamination was discovered, the present owners sued the developers, the city, and the Minister of the Environment.

The Minister subsequently ordered Imperial Oil to prepare a site characterization study at its own expense under the polluter-pay principle.

Imperial Oil challenged the order, arguing the Minister was in a conflict of interest and breached the duty of impartiality because he was a defendant in the civil suits.

The Supreme Court of Canada dismissed the appeal, holding that the Minister was exercising a discretionary, political power to protect the public interest, not an adjudicative function, and therefore the strict judicial standard of impartiality did not apply.

The Mount Sinai Hospital Center relocated to Montreal after receiving promises from successive Ministers of Health and Social Services that its operating permit would be modified to reflect its long-term and short-term care services.

After the move, the Minister refused to issue the modified permit, citing financial reasons.

The Supreme Court of Canada dismissed the Minister's appeal, holding that the Minister had already exercised his discretion under s. 138 of the Act respecting health services and social services when he promised the permit and encouraged the relocation.

The subsequent refusal was not a valid reversal of that discretion and was patently unreasonable.

The Minister was ordered to issue the modified permit.