The Alberta Court of Appeal overturned the chambers judge’s decision dismissing the appellant’s application for judicial review of the Respondent’s decision denying her health benefits. The court of appeal held that the Respondent’s decision did not properly explain its reasons for preferring certain medical evidence over others, and therefore lacked transparency, and intelligibility and was unreasonable.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Psychological injury – employment related – Evidence – Standard of review – Reasonableness simpliciter – Correctness Sharif v. Alberta (Appeals Commission for Alberta Workers’ Compensation), [2011] A.J. No. 206, 2011 ABCA 75, Alberta Court of Appeal, March 4, 2011, E.I. Picard, ...

The Respondent had commenced disciplinary proceedings against the Appellants aimed at denying their rights to hold office or participate in Association voting. The Appellants had applied for a judicial review of the proceedings which was stayed by the chambers judge pending the outcome of the disciplinary proceedings. That decision was overturned on appeal based on the Court’s finding that the balance of convenience weighed in favour of staying the disciplinary proceedings and allowing the judicial review.

26. April 2011 0
Administrative law – Associations and clubs – Governance – Disciplinary proceedings – By-laws – Elections – Voting rights – Judicial review – Applications – Jurisdiction – Stay of proceedings – Test Voorhorst v. Canadian Soccer Assn., [2011] A.J. No. 205, 2011 ABCA 74, Alberta Court of Appeal, March 4, 2011, J.E.L. Côté and M.B. Bielby ...