The Court of Appeal dismissed the Workers’ Compensation Board’s appeal of a reviewing judge’s decision to uphold a decision of the Workers’ Compensation Appeals Commission regarding a Claimant’s entitlement to benefits. The WCB had appealed on the basis that the reviewing judge had failed to apply the correct standard of review.

23. August 2005 0
Administrative law – Workers compensation – Benefits – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Privative clauses – Standard of review – Patent unreasonableness – Reasonableness simpliciter Alberta (Workers’ Compensation Board) v. Alberta (Workers’ Compensation Appeals Commission), [2005] A.J. No. 825, Alberta Court of Appeal, July 8, 2005, Hunt, Berger, Costigan JJ.A. ...

The Court of Appeal allowed an appeal from a decision of the Respondent Association’s Appeals Committee which had overturned the Appellant’s acquittal on charges of professional misconduct and substituted a verdict of guilty on some charges. The Court held that the Appeals Committee had misstated and misapplied the reasonableness standard in reviewing the Conduct Committee’s decision.

23. August 2005 0
Administrative law – Nurses – Disciplinary proceedings – Judicial review – Appeals – Standard of review – Reasonableness simpliciter Nelson v. Alberta Assn. of Registered Nurses, [2005] A.J. No. 821, Alberta Court of Appeal, June 29, 2005, Hunt, Berger and Costigan JJ.A. The Appellant was a Registered Nurse who, after a ten-day hearing, was acquitted by ...

The Court dismissed an appeal from a decision of the Respondent Institute’s Appeal Tribunal which had decided to refer two allegations of unprofessional conduct to the Discipline Tribunal Roster Chair and not to allow the Appellant to make representations to the Appeal Tribunal. The Court held that, under the Act, it was premature for the Court to hear an appeal at this stage of the proceedings.

23. August 2005 0
Administrative law – Accountants – Disciplinary proceedings – Procedural fairness – Judicial review – Natural justice – Appeal process – Hearings – Conduct of hearings Partington v. Institute of Chartered Accountants of Alberta, [2005] A.J. No. 787, Alberta Court of Appeal, July 4, 2005, Russell and Picard JJ.A. and Ouellette J. The Appellant was a Chartered Accountant ...

The Court allowed the Plaintiffs’ motion for an injunction that prevented the Defendant School Board from tabling or debating a motion for closure of three particular schools without further leave of the Court. The Court dismissed the Defendant’s application to strike the pleadings.

28. June 2005 0
Administrative law – Schools – Closures – Parental rights – Remedies – Injunctions – Interlocutory injunctions – Availability – Test – Judicial review – Compliance with legislation Bellamy v. Edmonton Public School Board No. 7, [2005] A.J. No. 526, Alberta Court of Queen’s Bench, May 10, 2005, Hillier J. The Plaintiffs were parents of students currently attending ...

Corporations who had commenced a re-zoning application to permit construction of a five-storey apartment building appealed the decision of a reviewing judge declaring an amending bylaw invalid due to a breach of procedural fairness during the hearing to adopt the bylaw

28. June 2005 0
Administrative law – Municipalities – Planning and zoning – Power to amend by-laws – Judicial review – Procedural requirements and fairness – Public hearings – Standard of review – Correctness Keefe v.Clifton Corp., [2005] A.J. No. 371, Alberta Court of Appeal, April 12, 2005, McFadyen, Russell and Berger JJ.A. Residents of the area where the apartment ...

The Court overturned the decision of a Provincial Court Judge who had reversed the decision of a Firearms Officer and directed that the Respondent be given a licence to possess and acquire firearms

24. May 2005 0
Administrative law – Decisions of administrative tribunals – Firearms Officer – Judicial review – Evidence – Judicial notice – Standard of review – Correctness Canada (Chief Firearms Officer for the Province of Alberta) v. Pogson, [2005] A.J. No. 281, Alberta Court of Queen’s Bench, March 14, 2005, Slatter J. The Respondent had applied for a firearms ...

The Court dismissed an application for judicial review of the Appeals Commission’s decision to overturn a decision of the Workers Compensation Board and the finding that a worker’s psychiatric illness was caused by his employment and was compensable

24. May 2005 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Psychological injury employment related – Judicial review – Compliance with legislation – Privative clauses – Standard of review – Reasonableness simpliciter Alberta (Workers’ Compensation Board) v. Appeals Commission, [2005] A.J. No. 233, Alberta Court of Queen’s Bench, March 7, 2005, Moen J. The Respondent, ...

The Applicant’s application to declare the Respondent City’s noise bylaw invalid on constitutional grounds was dismissed. With respect to the application for judicial review, the court held that the City’s decision not to renew the Applicant’s business licence was unimpeachable on a standard of correctness as the licensing inspector had just and reasonable grounds for denying the Applicant its business licence.

24. May 2005 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Rules and by-laws – Charter of Rights – Validity of noise by-law – Permits and licences – Renewal of business licence – Judicial review – Jurisdiction – Standard of review – Correctness 1022049 Alberta Ltd. v. Medicine Hat (City), [2005] A.J. No. 320, Alberta Court of Queen’s ...

An operator of a telecommunication system (“GT”) was unsuccessful in its application for judicial review of a decision of a municipal government board (the “Board”) relating to the assessment of GT’s data assets.

26. April 2005 0
Administrative law – Municipal boards – Property assessment – Decisions of administrative tribunals – Judicial review – Standard of review – Patent unreasonableness – Privative clauses GT Group Telecom Services Corp v. Alberta (Municipal Government Board), [2005] A.J. No. 215, Alberta Court of Queen’s Bench, February 15, 2005, Hawco J. GT operated a telecommunication system in Alberta. ...

The court found that the Minister of Learning had acted outside his jurisdiction in refusing to refer two notices of appeal from the Appellants, relating to their teaching positions, to a Board of Reference

22. March 2005 0
Administrative law – Teachers – Employment contracts – Appeal process – Ministerial powers – Jurisdiction – Judicial review – Procedural requirements and fairness – Statutory powers – Standard of review – Correctness – Remedies – Mandamus Coulthard v. Alberta (Minister of Learning), [2004] A.J. No. 1586, Alberta Court of Queen’s Bench, December 2, 2004, Moreau J. The two ...