Veterinarian guilty of unprofessional conduct for non-compliant hydromorphone use

27. February 2024 0
The Alberta Court of Appeal upheld the finding of unprofessional conduct for a veterinarian purchasing and failing to account for large quantities of a controlled substance and failing to cooperate in the investigation. Administrative law – Decisions reviewed – Association of Veterinarians – Judicial review – Appeals – Legislative compliance – Standard of review – ...

Utilities Commission breached its duty of procedural fairness when making a significant policy change without adequate notice of that potential change

27. December 2023 0
The Respondent, Alberta Utilities Commission, made a decision that prevented electrical utilities companies from earning a return on their mandated investments in electrical infrastructure. Four utilities companies successfully appealed the Commission’s decision to the Court of Appeal, on the basis the Commission breached its duty of procedural fairness. Administrative law – Decisions reviewed – Energy ...

Court of Appeal upholds Assessment Review Board’s decision on assessment of certain condominium rental properties

18. October 2022 0
Administrative law – Decisions reviewed – Assessment Review Board – Equity – Judicial review – Standard of review – Reasonableness – Condominiums University of Alberta v. Edmonton (City), [2022] A.J. No. 1089, 2022 ABCA 290, Alberta Court of Appeal, September 13, 2022, T.W. Wakeling, J. Antonio and L.B. Ho JJ.A. The petitioner is an owner ...

Court upholds decision of the Human Rights Commissioner that concluded there was insufficient evidentiary basis to move the complaint to a tribunal hearing

15. March 2022 0
Administrative law – Decisions reviewed – Human Rights Commission – Judicial review – Standard of review – Reasonableness – Human rights complaints – Discrimination – Race – Evidence Wint v. Alberta (Human Rights Commission), [2022] A.J. No. 137, 2022 ABQB 87, Alberta Court of Queen’s Bench, January 31, 2022, D.R. Mah J. The applicant applied ...

Expression of preliminary findings by an administrative body does not necessarily indicate a reasonable apprehension of bias

25. January 2022 0
Administrative law – Decisions reviewed – Election commissioner – Judicial review – Appeals – Procedural requirements and fairness – Compliance with legislation – Bias Rebel News Network Ltd. v. Alberta (Election Commissioner), [2021] A.J. No. 1541, 2021 ABCA 376, Alberta Court of Appeal, November 19, 2021, F.L. Schutz, M.G. Crighton and J. Strekaf JJ.A. This ...

That’s reasonable, right? The standard of review regarding questions of procedural fairness met by an administrative decision maker is not correctness, but rather whether the standard of fairness required by the common law has been met

21. September 2021 0
Administrative law – Decisions reviewed – University Committees – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Remedies – Declaratory relief – Charter relief – Universities – Students – Policies Andres v. Governors of the University of Lethbridge, [2021] A.J. No. 960, 2021 ABQB 551, Alberta Court ...

College’s decision to terminate physician’s assessment was reasonable given concerns about patient safety

21. September 2021 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Judicial review – Procedural requirements and fairness – Natural justice – Standard of review – Reasonableness – Physicians and surgeons – Governance – Competence Sandhu v College of Physicians and Surgeons of Alberta, [2021] A.J. No. 883, 2021 ABQB 494, Alberta Court of ...

Determination of internal standard of review of an administrative tribunal following Vavilov

20. July 2021 0
Administrative law – Decisions reviewed – Law Enforcement Review Board – Judicial review – Appeals – Standard of review – Reasonableness – Police – Penalties and suspensions – Professional misconduct or conduct unbecoming Moffat v. Edmonton (City) Police Service, [2021] A.J. No. 678, 2021 ABCA 183, Alberta Court of Appeal, May 17, 2021, T.W. Wakeling, ...

Court confirms no breach of procedural fairness rights in party not being able to cross-examine witness when party had not specifically requested to do so

19. January 2021 0
Procedural fairness rights not breached due to applicant not having opportunity to cross-examine opposing expert when applicant did not make an express, specific application that the expert be called for cross-examination. Administrative law – Decisions reviewed – Insurance Appeal Committee – Judicial review – Procedural requirements and fairness – Natural justice – Evidence – Standard ...

Where a matter is remitted for reconsideration, statutory decision maker is presumed to give full weight to the decision of the reviewing court

15. September 2020 0
Administrative law – Decisions reviewed – Dental Board Association and College – Judicial review – Appeals – Standard of review – Reasonableness – Dentist – Professional misconduct or conduct unbecoming – Law of reconsideration Zuk v. Alberta Dental Association and College, [2020] A.J. No. 500, 2020 ABCA 162, Alberta Court of Appeal, April 29, 2020, B.K. ...