Court of Appeal

CASE NO.                                                     VOL. NO.                                                       PAGE

Cite as: Doiron v. Duplisea, 1998 NSCA 134

MARGARET DOIRON                      - and -            JEAN DUPLISEA, JOAN GLODE,

NORMAN DOUCET, LINDA SMITH,

EVERETT HARRIS and CORINNE

SPARKS, acting as the Board of

Examiners pursuant to the Social

Workers Act, S.N.S. 1993, c. 12

Appellant                                                                                            Respondents

C.A. No. 144965                                           Halifax                                    CHIPMAN, J.A.

FREEMAN, J.A.

(concurring by                                                                                                                                           separate reasons)

APPEAL HEARD:                           June 2, 1998

JUDGMENT DELIVERED:           June 25, 1998

SUBJECT:               ADMINISTRATIVE LAW - CERTIORARI - AVAILABLE WHERE TRIBUNAL MADE JURISDICTIONAL ERROR OR ERROR OF LAW ON THE FACE OF THE RECORD OR WHERE THERE WAS A FAILURE OF NATURAL JUSTICE

SUMMARY:              The appellant sought registration as a member of the Nova Scotia Association of Social Workers pursuant to s. 23(1) of the Social Workers Act, S.N.S. 1993, c. 12 which provided for grandparenting of social workers already practicing social work prior to the enactment of the Act.  The Board of Examiners affirmed a decision of the Registrar rejecting the appellant’s application.  The appellant sought certiorari in the Supreme Court.  The application was dismissed.  On the appellant’s appeal to the Court of Appeal, she contended that the Board had erred in law on the face of the record and exceeded its mandate by requiring expertise on her part in the field of social work, and in finding that she was not practicing social work which was contrary to the record before it.

ISSUE:                      Whether the Supreme Court erred in finding that the Board had not erred in law or in jurisdiction.

RESULT:                  The Nova Scotia Court of Appeal reviewed the circumstances under which certiorari might be granted and found that the Board had erred in jurisdiction and on the face of the record.  The Court gave a declaration that the appellant was entitled to be registered as a member of the Nova Scotia Association of Social Workers pursuant to s. 23(1) of the Act.