Two students successfully sought judicial review for a decision made by the University of Calgary’s General Faculties Council Review Committee (“Review Committee”) that placed the applicants, twin brothers and undergraduate students at the University of Calgary (the “University”), on probation for non-academic misconduct for posting negative comments on Facebook about a professor. The Court found that the applicants s. 2(b) Charter rights to free expression were infringed by the decision and not justified under s. 1 of the Charter. The Court further found that the Review Committee’s reasons were inadequate as they did not disclose the rational for its decision but simply stated a conclusion.

23. November 2010 0
Administrative law – Decisions of administrative tribunals – University Committees – Universities – Student discipline – Charter of Rights and Freedoms – Freedom of expression – Internet – Social media – Judicial review – Failure to provide reasons Pridgen v. University of Calgary, [2010] A.J. No. 1181, 2010 ABQB 644, Alberta Court of Queen’s Bench, ...

The appellant, a psychologist, successfully appealed a decision of two counts of unprofessional conduct on the basis that the reasons provided in the prior appeal decision were inadequate. Not only were the reasons void of any explanation for the findings of professional conduct, but there was no line of analysis within the reasons that could have reasonably led to the ultimate conclusion.

23. November 2010 0
Administrative law – Decisions of administrative tribunals – College of Psychologists – Psychologists – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Investigations – Evidence – Failure to provide reasons Sussman v. College of Alberta Psychologists, [2010] A.J. No. 1157, 2010 ABCA 300, Alberta Court of Appeal, October 13, 2010, J.E.L. ...

The court awarded damages for mental distress after a student was unfairly expelled from a private school in Calgary

26. October 2010 0
Administrative law – Decisions of administrative tribunals – School boards – Expulsion of students – Judicial review – Procedural requirements and fairness – Natural justice – Evidence – Remedies – Damages – Mental distress J.O. v. Strathcona – Tweedsmuir School, [2010] A.J. No. 994, 2010 ABQB 559, Alberta Court of Queen’s Bench, September 2, 2010, ...

A physician (“Dr. Visconti”) succeeded in having some findings of professional misconduct dismissed and penalties for his remaining misconduct remitted back to the Council of the College of Physicians and Surgeons of Alberta (“the Council”) on appeal under s. 68 of the Medical Profession Act, R.S.A. 2000 c. M-11 (“MPA”)

29. September 2010 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Competence – Penalties and suspensions – Public interest – Policies – Notice requirements – Judicial review – Evidence – Natural justice – Procedural requirements and fairness ...

The appeal by an operator of a coal-fired electricity generator (“Milner”) from a decision of the Alberta Energy and Utilities Board (the “Board”) to refuse to investigate or hold a hearing arising from a complaint lodged by Milner was allowed where the complaint had arguable merit

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Utility and Review Board – Rules and by-laws – Natural resources – Electricity – Loss of electricity – Line Loss Rule – Judicial review – Investigations – Compliance with legislation – Statutory interpretation – Complaints lacking merit – Definition Milner Power Inc. v. Alberta (Energy and Utilities ...

A mortgage broker (“Broers”) was successful in obtaining judicial review of the decision of the Executive Director of the Real Estate Council of Alberta (“RECA”) where the Court found that the Executive Director improperly cancelled Broers mortgage licence in a summary manner rather than proceeding pursuant to Part 3 of the Real Estate Act, R.S.A. 2000, c. R-5 (the “Act”)

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Real Estate Council – Registrar of Mortgage Brokers – Powers under legislation – Rules and by-laws – Validity of legislation – Permits and licences – Notice requirements – Public interest – Judicial review – Compliance with legislation – Natural justice – Procedural requirements and fairness Broers v. ...

The Appellant employee, Ms. Burgess, unsuccessfully appealed the decision of the Alberta Human Rights Tribunal, which dismissed her complaint against her former employer, Stephen W. Huk Professional Corporation

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Duty to accommodate – Religion – Pregnancy – Judicial review – Standard of review – Correctness – Evidence – Burden of proof – Failure to provide reasons Burgess v. Stephen W. Huk Professional Corp., [2010] A.J. No. ...

Refusing to grant an injured worker (“Johnson”) the opportunity to cross-examine medical witnesses on a Workers’ Compensation Board (“WCB”) disability benefits determination was held to be a denial of procedural fairness and natural justice

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Judicial review – Procedural requirements and fairness – Natural justice – Witnesses Johnson v. Alberta (Appeals Commission for Alberta Workers’ Compensation), [2010] A.J. No. 663, 2010 ABQB 393, Alberta Court of Queen’s Bench, June 9, 2010, K. G. ...

The appellant, Ms. Mitten, successfully appealed a Chambers decision which dismissed her originating notice. Her originating notice sought judicial review of the decision of the respondent College’s Discipline Committee, which upheld the Registrar’s decision to take no further action in respect of her complaint.

22. June 2010 0
Administrative law – Decisions of administrative tribunals – College of Psychologists – Investigations – Psychologists – Competence – Judicial review application – Judicial review – Availability – Standard of review – Correctness – Evidence – Compliance with legislation Mitten v. College of Alberta Psychologists, [2010] A.J. No. 545, 2010 ABCA 159, Alberta Court of Appeal, ...

The Dispute Resolution and Decision Review Body, an internal review board of the Workers’ Compensation Board, does not have the jurisdiction to reconsider its own decision. Likewise, the Board’s Appeals Commission does not have the jurisdiction to consider issues that are not under appeal.

22. June 2010 0
Administrative law – Decisions of administrative tribunals – Workers compensation – Tribunal’s power to consider its own decisions – Judicial review – Jurisdiction – Statutory provisions – Standard of review – Correctness – Compliance with legislation Watson v. Alberta (Workers’ Compensation Board), [2010] A.J. No. 485, 2010 ABQB 280, Alberta Court of Queen’s Bench, April ...