Application to add the Speaker of the Alberta Legislative Assembly to a judicial review application concerning a breach of ethics by one of the elected members of the Assembly is granted

17. January 2018 0
An application to add the Speaker of the Alberta Legislative Assembly to a judicial review application concerning a breach of ethics by one of the elected members of the Assembly is granted. Administrative law – Decisions reviewed – Ethics Commissioner – Jurisdiction – Judicial review – Applications – Freedom of information and protection of privacy ...

ABCA concludes Arbitrator’s decision that ongoing placement restrictions were justified by testamentary risk unreasonable

20. December 2017 0
Appeal from judicial review of decision under Alberta Police Act and Police Service Regulation restricting employment because of “testamentary risk”. Administrative law – Decisions reviewed – Police Services Board – Appeals – O’Connor test – Judicial review – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming Edmonton Police Assn. v. ...

Alberta Court of Queen’s Bench upholds Chief Electoral Officer’s decision to impose administrative penalty for alleged election sign violation

20. December 2017 0
The Alberta Court of Queen’s Bench considers the applicable standard of review in the context of a judicial review under the Election Act, RSC 2000, Chapter E-1. The Court applies the standard of review and considers the reliance on “guidelines” developed to implement legislative requirements. Administrative law – Decisions reviewed – Government Officer – Judicial ...

WCB decision granting extension of time in status determination is reasonable

17. October 2017 0
A Workers’ Compensation policy on new evidence is within the specialized area of the decision-maker. Administrative law – Decisions reviewed – Workers Compensation Boards – Fresh evidence – Admissibility – Judicial review – Standard of review – Reasonableness – Limitations – Extension of time Gallant v. Alberta (Workers’ Compensation Board), [2017] A.J. No. 889, 2017 ABQB 520, Alberta ...

Alberta Court of Queen’s Bench finds investigation into physician’s alleged misconduct was adequate and dismisses application for judicial review

18. July 2017 0
The applicant, Ms. Tran (the “Applicant”), sought judicial review of a decision of the Complaint Review Committee of the College of Physicians and Surgeons of Alberta (the “College”) that dismissed the complaint against two physicians involved in the care of the Applicant’s mother. Administrative law  –  Decisions of administrative tribunals  –  College of Physicians and Surgeons  –  ...

Alberta Court of Queen’s Bench held it did not have jurisdiction to extend the deadline for service in application for judicial review

An application for judicial review was struck because it was served outside the six-month limitation period. The court held it did not have jurisdiction to extend the deadline for service. Administrative Law – Appeals – Judicial Review – Jurisdiction – Limitations Baker v. Drouin, [2017] A.J. N o. 329, 2017 ABQB 204, Alberta Court of ...

Court finds decision of the Chief to uphold applicant’s release from the Canadian Armed Forces due to the misuse of alcohol is reasonable

The Applicant, Mr. Darren Blair, applied for judicial review of a decision of the Respondent, National Defence Canada.  The Respondent had dismissed Mr. Blair from the Canadian Armed Forces on the basis he was Unsuitable for Further Service.  Mr. Blair’s application for judicial review was dismissed. Administrative law – Decisions of administrative tribunals – Government ...

Alberta Court of Appeal affirms finding of unprofessional conduct and concludes sanction imposed on surveyor was not unreasonable

17. February 2017 0
Appeal from decision of Council of Alberta Land Surveyors’ Association from finding surveyor engaged in unprofessional conduct for removing a survey monument contrary to the provisions of the Land Surveyor’s Act. Administrative law – Conduct unbecoming – Correctness – Council of the Alberta Land Surveyors’ Association – Decisions reviewed – Disciplinary proceedings – Judicial Review – ...

School’s prayer policy discriminated against the belief of Sunni Muslim students

26. October 2016 0
Appeal from decision under Alberta Human Rights Act that school discriminated against students by prohibiting them from performing prayer on campus. Administrative law – Compliance with legislation – Decisions of administrative tribunals – Discrimination – Duty to Accommodate – Failure to provide reasons – Human Rights Commission – Human rights complaints – Judicial Review – ...