Early Childhood Educators, Band Council Resolutions and Canadian International Trade

College of Early Childhood Educators vs Christine Villani, 2019 ONCECE 14 (CanLII)

The Discipline Committee of the College of Early Childhood Educators found a member committed an act of professional misconduct and was ordered to pay all or part of the College’s costs. The Committee also ordered the member’s certificate suspended for five months, among other terms. The member left a child unsupervised and/or allowed the child to walk through the playground, through a school bus lane or across a busy residential street. The child was returned to the location once found crying by a community member. When confronted by the child for being unsupervised, the member did not take responsibility and/or acknowledge any wrongdoing. The member then made inappropriate comments to the parent of the unsupervised child and/or used an inappropriate tone with the parent of the unsupervised child and/or said words to the effect of, “can we just bury this already”. The member and college made a joint submission on penalty and costs which were accepted by the Committee.

The Key First Nation v Lavallee, 2019 FC 1467 (CanLII)

This is an application for judicial review to quash band council resolutions passed by a former band council. The new band council seeks to have them quashed because of alleged improprieties. The timeline to file the application for JR was not followed and thus, the band council requested an extension to file the application. Neither request was granted. Concurrently, a separate but related statement of claim was filed against the law firm who represented the band council in an election application, seeking (essentially) a reimbursement of the legal fees. An abuse of process as against the band council ordered was not granted.

LIQUID DIELECTRIC TRANSFORMERS, 2018 CanLII 146782 (CA CITT)

A decision made by the Canadian International Trade Tribunal concerning a previous order that concerned the dumping of certain transformers originating in or exported from Korea. Under the tribunal’s governing legislation, findings of injury or threat of injury and associated protection in form of anti-dumping or countervailing duties expire five years from the date of finding or, if one or more orders continuing the finding have been made, unless the tribunal initiates an expiry review before the expiry date. The original order was set to expire on November 20, 2017. The tribunal issued a notice of expiry review on July 25, 2017 and on December 22, 2017, the Canada Border Services Agency determined there was likelihood of resumed or continued dumping. The tribunal ordered four domestic producers, 19 importers and two foreign producers to complete questionnaires. The tribunal received some completed questionnaires. A hearing was held and the tribunal heard from select parties. After reviewing all of the evidence, the Tribunal held that revocation of the original finding is likely to “provide suppliers of subject goods with greater flexibility to continue the aggressive behaviour observed in interim 2017, including significant price-undercutting, in order to regain market share and gain market share in the “premium” market segment.” The tribunal held that this would likely result in “significant adverse price effects on the domestic industry.” The original order was continued.

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