The court upheld a decision of the Appeals Commission of the Alberta Workers’ Compensation Board that an equipment operator who answered a personal call from his daughter after her car went off the road was acting in the course of his employment

22. June 2010 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Worker, defined – In and out of the course of employment – Personal time – Judicial review – Standard of review – Reasonableness simpliciter Pontes Estate v. Alberta (Appeals Commission for Alberta Workers’ Compensation), [2010] A.J. No. 487, 2010 ABQB ...

An administrative tribunal established pursuant to Alberta’s Fair Trading Act, did not commit an error of law when it referred to unsworn evidence as “testimony” or when it considered the applicant’s previous disciplinary history

22. June 2010 0
Administrative law – Decisions of administrative tribunals – Motor Vehicle Dealers – Permits and licences – Judicial review – Standard of review – Reasonableness simpliciter – Evidence, admissibility – Past conduct – Previous complaints – Public interest Ahmad v. Alberta Motor Vehicle Industry Council, [2010] A.J. No. 525, 2010 ABQB 293, Alberta Court of Queen’s ...

The Applicants, who were not allowed to participate in the arbitration process due to their failure to pay the required fees, successfully argued that it was manifestly unfair for the arbitrator to render a decision against them. The Applicants ought to have been given the opportunity to make submissions with respect to the Respondent’s claim against them.

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Arbitrators – Powers – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation Mericle v. Basement Systems (Calgary) Inc., [2010] A.J. No. 221, 2010 ABQB 137, Alberta Court of Queen’s Bench, February 22, 2010, W.A. Tilleman J. This was ...

The application by a suspended police detective (“MacNeil”) was dismissed where the Court found that the material information supported the decision to confirm the suspension

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Police Commission – Investigations – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Criminal charges – Evidence – Disclosure – Hearings – Conduct of hearings – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter MacNeil ...

The Appellant, Milner Power Inc., successfully sought leave to appeal a decision made by the Alberta Energy and Utilities Board with regards to its decision to decline to hold a hearing into the Appellant’s complaint

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Natural resources – Judicial review – Compliance with legislation – Appeals – Leave to appeal – Test Milner Power Inc. v. Alberta (Energy and Utilities Board), [2009] A.J. No. 989, 2009 ABCA 305, Alberta Court of Appeal, September 21, 2009, E.A. McFadyen ...

The Applicant, Schroder, successfully sought judicial review of the Respondent Board’s decision to discontinue his disability benefits

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Policies – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Schroder v. Alberta (Workers’ Compensation Board), [2009] A.J. No. 1109, Alberta Court of Queen’s Bench, October 9, 2009, M.T. Moreau J. The Applicant Worker injured ...

The Court of Appeal set aside a decision of the Workers’ Compensation Commission, which had denied the appellant pension benefits, following her estranged husband’s death in a work-related accident, on the basis that the appellant and her child were not “dependants”. The Court of Appeal found that the Commission had failed to apply the correct test with respect to whether the appellant and her child were “dependents”.

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Dependant – definition – Judicial review – Standard of review – Correctness – Reasonableness simpliciter – Interpretation of legislation – Evidence – Test Elgie v. Alberta (Workers’ Compensation Appeals Commission), [2009] A.J. No. 899, Alberta Court of Appeal, ...

The Court dismissed an appeal of a decision of the Respondent College, which had found the Appellant guilty of unprofessional conduct in connection with billing irregularities. The Court held that the College’s findings and penalty were not unreasonable.

23. June 2009 0
Administrative law – Decisions of administrative tribunals – College of Optometrists – Optometrists – Disciplinary proceedings – Billing matters – Penalties and suspensions – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter – Costs Bishop v. Alberta College of Optometrists, [2009] A.J. No. 486, 2009 ABCA 175, Alberta Court of ...

The Court dismissed an appeal from a decision of the Health Disciplines Board, which had overturned a decision of the Acupuncture Committee. The Committee had found the Respondent guilty of professional misconduct and unskilled practice, following a complaint that the Respondent had made false allegations of sexual harassment against a fellow acupuncturist and made false allegations of improprieties in relation to acupuncture examinations against another acupuncturist. The Court upheld the Board’s finding that the Committee had failed to find justification or rationale for its conclusions.

23. June 2009 0
Administrative law – Decisions of administrative tribunals – Acupuncture Committee – Acupuncturists – Professional misconduct / conduct unbecoming – Public interest – Judicial review – Failure to provide reasons – Compliance with legislation – Standard of review – Reasonableness simpliciter Yu v. Wanglin, [2009] A.J. No. 453, 2009 ABCA 166, Alberta Court of Appeal, April ...

The Appellant family physician appealed the Respondent College’s disciplinary decision. The College’s decision was upheld except with respect to the penalty imposed against him.

28. April 2009 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Competence – Penalties and suspensions – Judicial review – Investigations – Delay – Bias – Procedural requirements and fairness – Evidence – Standard of proof Wachtler v. College of Physicians and Surgeons of Alberta, ...