The Court allowed the appeal of a company from a decision of the Subdivision and Development Appeal Board of Parkland County regarding a stop order issued to the appellant for unauthorized storage of pipe on its land. Unbeknownst to the appellant, the County’s Manager of Planning and Development Services remained in the hearing room while the Board deliberated and decided the appeal, thereby giving rise to a reasonable apprehension of bias.

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Subdivision and Development Appeal Board – Municipalities – By-laws – Judicial review – Hearings – Conduct of hearings – Procedural requirements and fairness – Reasonable apprehension of bias – Standard of review – Correctness 506221 Alberta Ltd. v. Parkland (County), [2008] A.J. No. 261, Alberta Court of ...

The applicant physician sought to quash a decision of the respondent College to proceed to a disciplinary hearing and to prohibit such a hearing when allegedly, the respondent’s decision not to proceed to hearing allowed by the governing statute had already been made. The applicant argued that the statutory power had been exhausted and there is no statutory authority to review or reconsider that decision. The court held that there was never an unconditional and final direction by the investigation chair that no further action be taken, and dismissed the application.

27. May 2008 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Statutory powers – Investigations – Hearings Ferrari v. College of Physicians and Surgeons of Alberta, [2008] A.J. No. 262, Alberta’s Court of Queens Bench, March 10, 2008, Foster, J. ...

The appeal by a pipeline owner (“TransCanada”) from a decision of the Alberta Energy and Utilities Board (the “Board”) concluding that the Board had jurisdiction over the pipeline because the pipeline supplied gas to or for the public, was dismissed where the Court found that the Gas Utilities Act provided the Board with the power to conduct an investigation of any matter concerning a gas utility

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Public interest – Powers to investigate – Natural resources – Natural gas – Distribution – Judicial review – Public utility – definition – Compliance with legislation – Jurisdiction of tribunal TransCanada Pipeline Ventures Ltd. v. Alberta (Energy and Utilities Board), [2008] A.J. ...

An application for judicial review of the City’s action in amending its zoning bylaw without notice to the Applicant, when the zoning bylaw was at issue in a separate appeal. The Court held that the City had breached its obligations of procedural fairness to the Applicant when it amended its bylaw without notice to the Applicant when it knew or should have known that the Applicant had a legitimate interest in the subject matter of the bylaw.

25. March 2008 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – By-laws – Validity – Notice and consultation – Judicial review – Procedural requirements and fairness – Standard of review – Correctness Airport Self Storage and R.V. Centre Ltd. v. Leduc (City), [2008] A.J. No. 26, Alberta Court of ...

A construction company appealed a chambers judge’s decision which had overturned the Human Rights Panel’s determination and finding that the Respondent had been the victim of discrimination because of the company’s drug testing policy. The chambers judge’s conclusion that the effect of the company’s policy was to exclude the Respondent from employment on the basis of perceived disability could not be sustained. There was a clear connection between the policy and its purpose, which was to reduce workplace accidents by prohibiting workplace impairment.

26. February 2008 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Drug and alcohol testing – Policies – Discrimination – Disability – Duty to accommodate – Employment law – Termination of employment – Judicial review – Standard of review – Correctness – Patent unreasonableness Alberta (Human Rights and Citizenship Commission) ...

A physician (“Cimolai”) appealed from an Order dismissing his petition attempting to prohibit Children’s and Women’s Health Centre (“the Hospital”) from (1) proceeding under its human rights policy to investigate complaints against him made by another physician,(2) requiring the Hospital to reinstate him and (3) requiring them to pay him all of his lost benefits during the period of suspension in 2001

22. January 2008 0
Administrative law – Physicians and surgeons – Hospital privileges – Judicial review – Remedies – Alternative remedies – Human rights complaints – Harassment – Investigations – Procedural requirements and fairness – Report, adequacy of Cimolai v. Children’s and Women’s Health Centre of British Columbia, [2007] B.C.J. No. 2473, British Columbia Court of Appeal, November 22, ...

A lawyer (Merchant) successfully obtained an order quashing a decision of the Law Society of Alberta (“Law Society”) disbarring him, on the basis that there was a reasonable apprehension of bias due to an ex parte communication between the chair of the hearing committee and a witness

22. January 2008 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Penalties and suspensions – Judicial review – Procedural requirements and fairness – Bias – Reasonable apprehension of bias – test – Witnesses – Compliance with legislation – Remedies – Alternative remedies Merchant v. Law Society of Alberta, ...

A family physician (“Dr. Litchfield”) obtained an Order suspending the decision of the College of Physicians and Surgeons of Alberta (the “College”) pending a statutory appeal of the College’s decision to strike his name from the College register for conduct unbecoming

27. November 2007 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Disciplinary proceedings – Penalties – Stay of suspension – Judicial review – Statutory provisions – Procedural requirements and fairness Litchfield v. Alberta (College of Physicians and Surgeons), [2007] A.J. No. 1099, Alberta Court of Queen’s Bench, September 28, 2007, R.P. Marceau ...

The appeal by the Minister of Environment and Environmental Appeal Board from Sarg Oils’ successful application for judicial review of a decision of the Environmental Appeal Board was allowed where the Court found that the Board’s reasons did not disclose any reviewable error

23. October 2007 0
Administrative law – Environmental issues – Oil wells – Decisions of administrative tribunals – Environmental Appeal Board – Contaminated sites – remediation – Judicial review – Natural justice – Compliance with legislation – Standard of review – Patent unreasonableness Sarg Oils Ltd. v. (Alberta) Environmental Appeal Board, [2007] A.J. No. 960, Alberta Court of Appeal, ...

The City of Calgary was successful in having the Court set aside the decision of the Chief Commissioner of the Alberta Human Rights and Citizenship Commission where the Court found that the Chief Commissioner’s decision was unreasonable as it compared the situation of the disabled complainant (“Halfyard”) with other groups of employees not contemplated by the relevant section of the Collective Agreement

25. September 2007 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights – Discrimination – Disability – Age – Labour law – Collective agreements – Workers compensation – Benefits – Judicial review – Standard of review – Reasonableness simpliciter Calgary (City) v. Alberta (Human Rights and Citizenship Commission), [2007] A.J. No. 852, Alberta Court of Queen’s Bench, ...