Robert C. Morrow

The Burnbrae defendants brought a motion for summary judgment to dismiss the plaintiffs' claims against them.

The plaintiffs, who were competitors in the egg industry, alleged that Burnbrae conspired with others to drive them out of business by supplying deficient eggs, misusing confidential information, and interfering with contractual relations.

Applying the new summary judgment framework from Hryniak v. Mauldin, the court found no evidence to support the plaintiffs' sweeping allegations against Burnbrae.

The court concluded that Burnbrae's actions were legitimate competitive behavior and dismissed the action against the Burnbrae defendants.

A massage therapist was accused of sexual intercourse with a patient.

The College of Massage Therapists investigated the complaint but failed to give the therapist notice or an opportunity to respond, breaching the Health Professions Procedural Code.

The College referred the matter for a full investigation.

The therapist sought judicial review, and the Divisional Court quashed the College's decisions, finding the breach of procedural fairness was a true question of jurisdiction rendering the proceedings a nullity.

The College appealed.

The Court of Appeal allowed the appeal, holding that a breach of procedural fairness is not a true question of jurisdiction.

Furthermore, the therapist had an adequate alternative remedy through a review by the Health Professions Appeal and Review Board (HPARB).

Absent exceptional circumstances, which were not present, the court should not intervene before the administrative process is completed.