The City of Calgary’s application for leave to appeal three decisions of the Alberta Energy and Utilities Board was allowed where the Court found that special circumstances existed that justified extending the time for filing the appeals and it was arguable that the Board did not take certain evidence into account

25. September 2007 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Appeals – Leave to appeal – Fee increases – Jurisdiction – Judicial review – Evidence – Limitations Calgary (City) v. Alberta (Energy and Utilities Board), [2007] A.J. No. 880, Alberta Court of Appeal, August 3, 2007, C. Conrad J.A. The City of Calgary ...

A handgun owner (the “Owner”), who did not have a registration certificate for the handgun in question (the “Handgun”), was ordered, within 30 days, to surrender his handgun to a peace officer. The Court found the Owner ineligible to hold a registration certificate pursuant to sections 13 and 69 of the Firearms Act. New legislation deemed the Handgun prohibited and the amnesty period had expired.

28. August 2007 0
Administrative law – Decisions of administrative tribunals – Firearms Officer – Firearms registration – licences – Judicial review – Interpretation of legislation – Standard of review of provincial court R. v. Buhrs, [2007] A.J. No. 734, Alberta Provincial Court, June 29, 2007, M.G. Allen Prov. Ct. J. The Owner applied pursuant to section 74 of the Firearms ...

The Alberta Court of Appeal held that the Workers’ Compensation Appeals Commission (“WCA”) was patently unreasonable in its finding as to when a worker’s accident ceased to be the cause of the worker’s injury. Workers’ Compensation Policy ADJ-39 is properly interpreted as to only require a disability to be the result of an emotional reaction, not that the injury be an emotional reaction. WCA’s analysis was unreasonable because it limited coverage by relying on factors that the Policy requires to be used to extend coverage.

28. August 2007 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Psychological injury – employment related – Test – Benefits – Judicial review – Evidence – Compliance with legislation – Standard of review – Correctness Shuchuk v. Alberta (Workers’ Compensation Board, Appeals Commission), [2007] A.J. No. 725, Alberta Court of Appeal, July 10, ...

An appeal from the decision of the Alberta Securities Commission (“ASC”) which allowed the Investment Dealers Association (“IDA”) to appeal the dismissal of charges against Bahcheli was allowed. The Court held that absent express statutory provision, a decision maker cannot appeal its own decision and that the IDA was not a person or company ‘directly affected’, such that it may appeal its own decision.

24. July 2007 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Jurisdiction – Judicial review – Appeals – Parties – Procedural requirements and fairness – Standard of review – Correctness Bahcheli v. Alberta Securities Commission, [2007] A.J. No. 520, Alberta Court of Appeal, May 18, 2007, C. Conrad, R. Berger, and C. O’Brien, JJ.A. The Appellant, ...

The Applicant applied for an order in the nature of certiorari to quash the decision of the Attorney General not to proceed with criminal charges against two individuals. The Court dismissed the application on the basis that there was no evidence of “flagrant impropriety”.

26. June 2007 0
Administrative law – Decisions of Attorney General – Prosecutorial discretion – Judicial review – Standard of review – Flagrant impropriety – Evidence – Statutory provisions – Criminal Code – Charter of Rights and Freedoms Chen v. Alberta, [2007] A.J. No. 458, Alberta Court of Queen’s Bench, April 24, 2007, W.E. Wilson J. The Applicants were followers of the ...

The Court dismissed an application for judicial review of the decision of an arbitration panel under the Labour Relations Code, R.S.A. 2000, c. L-1. The Court found that the panel’s decision in respect of a teacher’s final salary payout was reasonable.

26. June 2007 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Labour law – Collective agreements – Pensions – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Wild Rose School Division No. 66 v. Alberta Teachers’ Assn, [2007] A.J. No. 480, Alberta Court of Queen’s Bench, April 30, 2007, W.E. Wilson ...

The Applicant sought relief from the Court from an Appeal Tribunal that upheld the decision of a Board of Judges that found the Applicant was in violation of the Rules of Racing established by Horse Racing Alberta. The Court found that the appropriate standard of review was correctness. The Court quashed the Appeal Tribunal’s decision, and granted an Order of mandamus directing that there be no further action taken against the Applicant.

27. February 2007 0
Administrative law – Decisions of administrative tribunals – Horse Racing – Hearings – Conduct of hearings – Judicial review – Evidence – Admissibility – Procedural requirements and fairness – Standard of review – Correctness – Remedies – Mandamus Hennessy v. Horse Racing Alberta, [2006] A.J. No. 1613, Alberta Court of Queen’s Bench, December 15, 2006, Sanderman J. The ...

After an inspection found that funeral contracts offered by Strong did not contain a detailed listing of the goods and services to be provided, and following on a complaint to the Board that Strong and his assistant were personally signing cremation authorizations forms rather than having a personal representative of the deceased do so, Strong’s licence was suspended by the Alberta Funeral Services Regulatory Board (the “Board”). Strong appealed, and the Appeal Board substituted a six-month license suspension and a reprimand. The Board appealed to the Court of Queen’s Bench which dismissed the appeal.

23. January 2007 0
Administrative law – Decisions of administrative tribunals – Funeral Services – Permits and licences – Suspensions – Judicial review – Procedural requirements and fairness – Test – Standard of review – Reasonableness simpliciter Alberta (Funeral Services Regulatory Board) v. Strong, [2006] A.J. No 558, Alberta Court of Queen’s Bench, December 5, 2006, Ross J. The first question ...

An employer (“Nabors”) was unsuccessful in appealing a Queen’s Bench decision dismissing an appeal from a decision of the Workers’ Compensation Board (“WCB”) Appeals Commission enabling a worker’s spouse to receive survivor benefits under the Workers’ Compensation Act (the “Act”)

23. January 2007 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – In and out of the course of employment – Judicial review – Appeals – Parties – Standing – Standard of review – Reasonableness simpliciter – Patent unreasonableness Nabors Canada LP v. Alberta (Workers’ Compensation Appeals Commission), [2006] A.J. No. 1507, ...

An application for judicial review of a Bylaw passed by the Respondent City of Red Deer to regulate drinking establishments was dismissed. The Bylaw was not ultra vires the Municipal Government Act. The City enacted the Bylaw for municipal purposes and without ulterior motive. The Bylaw did not confer unlimited or illegal power. The Bylaw did not result in a duplication of powers under the Gaming and Liquor Act because that legislation did not address safety concerns that were particular to a specific community. The delegation permitted by the Bylaw was administrative and was therefore legal.

28. November 2006 0
Administrative law – Municipalities – Legislation – By-laws – Ultra vires – Permits and licences – Fees – Judicial review – Compliance with legislation – Powers of delegated authority – Jurisdiction – Standard of review – Correctness Passutto Hotels (1984) Ltd. v. Red Deer (City), [2006] A.J. No. 1100, Alberta Court of Queen’s Bench, September 5, 2006. ...