The Respondent, Office of the Information and Privacy Commissioner (“OIPC “), succeeded in resisting an application for judicial review of one of its decisions. The OIPC decision related to a driver’s licence scanning system implemented by the Applicant nightclub owners for security reasons. The OIPC decided that the information was not gathered for a reasonable purpose. The Court refused to interfere with that decision.

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Collection of records – Reasonable purpose – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Standard of review – Reasonableness simpliciter Penny Lane Entertainment Group v. Alberta (Information and Privacy Commissioner), [2009] A.J. ...

The court quashed a decision of Alberta’s Information and Privacy Commissioner for the City of Edmonton to destroy a data base containing personal information collected by pawnshops. The court found that the Commissioner had erred in his interpretation of municipal law as it related to privacy law.

24. February 2009 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure – Public body – Police – Municipal employees – Electronic records – Collection – review – Standard of review – Correctness Business Watch International Inc. v. Alberta (Information and Privacy Commissioner), [2009] A.J. No. 24, ...

The Appeals by three corporations and four individuals from findings of fraud and misrepresentation, and from sanctions imposed by the Securities Commission were dismissed where the Court held that the Commission was entitled to use interview evidence obtained during the investigative process

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Investigations – Stock brokers – Disciplinary proceedings – Penalties – Suspensions – Public interest – Judicial review – Hearings – Evidence – Interviews – Disclosure – Hearsay Evidence – admissibility Alberta (Securities Commission) v. Brost, [2008] A.J. No. 1071, Alberta Court of Appeal, October ...

The standard of review of a decision of the Insurance Councils Appeal Board of Alberta, finding misrepresentation, fraud, deceit, untrustworthiness or dishonesty, on the part of a person licensed to sell life insurance in Alberta, is reasonableness

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Insurance Councils Appeal Board – Jurisdiction – Insurance brokers – Permits and licences – Judicial review – Standard of review – Correctness – Reasonableness simpliciter – Procedural requirements and fairness – Compliance with legislation – Interpretation of legislation – Privative clauses Roy v. Alberta (Insurance Councils Appeal ...

The Court dismissed an application for a declaration that a complaint received by the Institute of Chartered Accountants (the “Institute”) related to matters outside of its jurisdiction on the grounds that allowing judicial review at this stage would amount to a collateral attack on the discipline hearing decision. As well, there was inordinate delay which was the fault of the applicant. In the intervening 6 year period between the time the application was commenced and set down for hearing, the applicant had fully participated in a discipline hearing where he was found guilty of unprofessional conduct and unsuccessfully appealed the Discipline Tribunal’s decision.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Investigations – Judicial review – Delay – Jurisdiction – Remedies – Self-governing professions – Declaratory relief Curda v. Institute of Chartered Accountants of Alberta, [2008] A.J. No. 800, 2008 ABQB 443, ...

The Court held that the application of the Applicant actuary was premature. The Applicant was subject to disciplinary proceedings by the Respondent self-governing professional association and brought an application to stay the proceedings for inordinate delay. The Court held that the disciplinary process of the Respondent had to run its course before the Applicant could bring an application for judicial relief.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Canadian Institute of Actuaries – Actuaries – Disciplinary proceedings – Professional governance and discipline – Professional misconduct / conduct unbecoming – Judicial review application – Premature – Delay – Stay of proceedings – Jurisdiction of tribunal – Remedies – Alternative remedies A.D.M. v. Canadian Institute of Actuaries, ...

The Appellant hospital appealed from a decision concluding that the Hospital Privileges Appeal Board had jurisdiction to hear the Respondent doctor’s appeal from a refusal by the hospital’s Operating Room Committee to increase his operating room time. The Court allowed the appeal, finding that the reviewing judge had failed to consider the preliminary question of whether the doctor had, as required, raised an issue of law in order to appeal from the Board’s decision, and also in applying the correctness standard to the Board’s decision. The appropriate standard of review is reasonableness, and the failure of the majority to provide reasons meant it was impossible to determine if the decision was reasonable.

23. September 2008 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Jurisdiction of tribunal – Physicians and surgeons – Hospital privileges – Appeals – Compliance with legislation – Judicial review – Standard of review – Reasonableness simpliciter – Correctness – Failure to provide reasons Macdonald v. Mineral Springs Hospital, [2008] A.J. No., 891, Alberta ...

A decision of an appellate administrative tribunal, from which an unqualified right of appeal to an appellate court exists, on the issue of how long it should take a professional self-regulating disciplinary body to prosecute a disciplinary proceeding, is one which should be reviewed on a standard of reasonableness

26. August 2008 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Judicial review – Investigations – Delay – Standard of review – Reasonableness simpliciter – Privative clauses – Stay of proceedings Hennig v. Institute of Chartered Accountants of Alberta, [2008] A.J. No. 707, 2008 ABCA 241, Alberta Court ...

The application for judicial review of the Minister’s reassessment of Dr. Searles’ billings to the Alberta Healthcare Insurance Plan was allowed, as the procedure followed violated the principles of natural justice and procedural fairness.

22. July 2008 0
Administrative law – Physicians and surgeons – Billing matters – Investigations – Decisions of administrative tribunals – Ministerial orders – Judicial review – Procedural requirements and fairness – Natural justice Searles v. Alberta (Health and Wellness), [2008] AJ No. 573, Alberta Court of Queen’s Bench, May 23, 2008, B.R. Burrows J. Searles sought judicial review ...

The appeal by Chauvet from the dismissal of his application for judicial review of the decision of the Appeals Commission of the Workers’ Compensation Board was dismissed where the Court found that the Appeals Commission’s conclusion that Chauvet was working as a director and not a worker at the time of the accident was not patently unreasonable

26. June 2008 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Worker – definition – Judicial review – Standard of review – Patent unreasonableness Chauvet v. Alberta (Workers’ Compensation Board, Appeals Commission), [2007] A.J. No. 493, Alberta Court of Appeal, May 7, 2007, E. McFadyen, R. Berger and K. Ritter JJ.A. Chauvet was sole owner and ...