The Court dismissed an appeal from the decision of the judge on judicial review who had upheld a decision of the Occupational Health and Safety Council finding that the Appellant had been dismissed from his employment for insubordination and not for raising a safety concern

24. January 2006 0
Administrative law – Employment law – Termination of employment – Judicial review – Privative clauses – Procedural requirements and fairness – Bias – Compliance with legislation – Standard of review – Patent unreasonableness Navrot v. Alberta (Occupational Health and Safety Council), [2005] A.J. No. 1569, Alberta Court of Appeal, November 16, 2005, Hunt, Berger and Ritter, ...

An application for judicial review with respect to issues relating to an ongoing disciplinary hearing under the Alberta Police Act was dismissed on the basis of prematurity

22. November 2005 0
Administrative law – Decisions of administrative tribunals – Police Commission – Disciplinary proceedings – Hearings – Pending hearings – Discretion of court to interfere – Judicial review – Procedural requirements and fairness – Bias – Remedies – Availability Smyth v. Edmonton (City) Police Service, [2005] A.J. No. 1216, Alberta Court of Queen’s Bench, September 6, 2005, Lefsrud J. The ...

The Estate of Gordon Stiles (the “Estate”) was denied its application for leave to appeal the decision of the Alberta Energy and Utilities Board (the “Board”) which denied the Estate’s review of its earlier decision to grant Esprit Exploration Ltd. (“Esprit”) a licence to drill a well on the land adjoining the lands owned by the Estate

22. November 2005 0
Administrative law – Natural resources – Decisions of administrative tribunals – Energy and Utilities Board – Permits and licences – Judicial review – Procedural requirements and fairness – Appeal process – Compliance with legislation – Standard of review – Correctness Stiles Estate v. Alberta (Energy and Utilities Board), [2005] A.J. No. 1245, Alberta Court of Appeal, ...

A dentist (“Dr. Hover”) was unsuccessful in his appeal from a decision of the Alberta Dental Association upholding a finding of professional misconduct, including a finding that he had failed to produce his records to them without justification

22. November 2005 0
Administrative law – Dentists – Disciplinary proceedings – Hearings – Failure to produce records – Penalties and suspensions – Judicial review – Bias – Standard of review – Reasonableness simpliciter – Evidence –  Of administrative tribunals – Dental Association Hover v. Alberta Dental Association, [2005] A.J. No. 1254, Alberta Court of Appeal, October 3, 2005, Conrad, Picard and ...

The Court dismissed an application for judicial review holding that the lack of a transcript of a hearing before the Respondent Board did not violate the rules of natural justice

25. October 2005 0
Administrative law – Motor vehicles – Suspension of driver’s licence – Judicial review – Failure to provide transcript of hearing – Evidence – Standard of review – Patent unreasonableness – Natural justice Foster v. Alberta (Transportation and Safety Board), [2005] A.J. No. 1027, Alberta Court of Queen’s Bench, August 23, 2005, Romaine J. The Applicant had been ...

The Court dismissed an appeal from a reviewing judge’s decision upholding a decision of the chief commissioner of the Alberta Human Rights and Citizenship Commission to refer a complaint to a hearing panel of the Commission. The reviewing judge had correctly found that the chief commissioner’s decision was reasonable.

25. October 2005 0
Administrative law – Human rights complaints – Discrimination – Race – Pay equity – Decisions of administrative tribunals – Human Rights Commission – Jurisdiction – Investigations – Evidence – Role of investigator – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Economic Development Edmonton v. Wong, [2005] A.J. No. 1051, Alberta Court of ...

The Court dismissed the Workers’ Compensation Board’s appeal of a reviewing judge’s decision upholding a decision of the Appeals Commission. The privative clause and the statutory appeal provision limited the right of appeal from a decision by the Appeals Commission to pure questions of law. The reviewing judge did not err in finding that the Appeals Commission decision could rely on new medical evidence since strict rules of evidence did not apply to a hearing.

25. October 2005 0
Administrative law – Workers compensation – Benefits – Procedural fairness – Statutory provisions – Privative clauses – Decisions of administrative tribunals – Workers Compensation Boards – Hearings – Rules of evidence – Fresh evidence – Admissibility – Jurisdiction – Judicial review – Standard of review – Patent unreasonableness Alberta (Workers’ Compensation Board) v. Appeals Commission, [2005] A.J. No. ...

The Workers’ Compensation Board appealed the decision of the Appeals Commission (the “AC”) which determined that while the deceased was a director of the lumber corporation at the time of the accident, at the time of his death he was engaged in the activities of a “worker”. The court confirmed the AC’s decision and dismissed the appeal.

27. September 2005 0
Administrative law – Workers compensation – Benefits – Worker – Definition – Director of corporation – Interpretation of legislation – Decisions of administrative tribunals – Workers Compensation Boards – Appeals – Judicial review – Standard of review – Reasonableness simpliciter Alberta (Workers’ Compensation Board) v. Alberta (Workers’ Compensation Board, Appeals Commission), [2005] A.J. No. 894, Alberta Court of ...

The Applicant both appealed and applied for judicial review of a decision of the Appeals Commission of the Alberta Workers’ Compensation Board (the “AC”) upholding a decision of the Claims Services Review Committee (the “CSRC”) which denied the Applicant further benefits for a work related injury. The appeal was dismissed, and a judicial review of the decision of the AC was denied on the basis that even though the AC had erred in holding that it could not review jurisdictional issues regarding the CSRC, the de novo hearing before the AC was an adequate alternative remedy to sending the matter back to the CSRC for a rehearing and the decision of the AC that the Applicant was not entitled to further benefits was reasonable.

27. September 2005 0
Administrative law – Workers compensation – Benefits – Decisions of administrative tribunals – Workers Compensation Boards – Appeals – Jurisdiction to hear – Judicial review – Judicial review application – Natural justice – Remedies – Alternative remedies Martinson v. Alberta (Workers’ Compensation Appeals Commission), [2005] A.J. No. 896, Alberta Court of Queen’s Bench, July 15, 2005, Macklin ...

The Canadian Broadcasting Corporation and the Edmonton Journal Group (the “Media Intervenors”) were successful in their appeal from the chambers judge’s decision to quash the decision of an inquiry judge granting “interested person” status to the media in a fatality inquiry. The Court of Appeal held that the chambers judge did not appropriately apply the reasonableness standard in reviewing the inquiry judge’s decision and instead substituted his own opinion for that of the inquiry judge.

23. August 2005 0
Administrative law – Freedom of information and protection of privacy – Media access to hearings – Hearings – In camera hearings – Judicial review – Administrative decisions – Appeals – Standard of review – Reasonableness simpliciter – Remedies – Certiorari Wasylyshen v. Wenden (Appeal by Canadian Broadcasting Corp.), [2005] A.J. No. 710, Alberta Court of Appeal, June 1, ...