Alberta Court of Appeal did not have jurisdiction to hear appeal from chambers judge’s decision to deny leave under the Municipal Government Act

The Alberta Court of Appeal held that, pursuant to the Municipal Government Act, RSA 2000, c.M-26 (the “MGA”), it did not have jurisdiction to hear an appeal of the Alberta Court of Queen’s Bench’s decision to refuse leave to appeal. Administrative law – Appeal Process – Appeals – Assessment Review Board – Decisions of administrative ...

Application to the Alberta Court of Appeal for leave to appeal a decision of the Alberta Law Enforcement Review Board remitting a matter back to the same decision maker that initially dismissed the appellant’s complaint against a police officer

Administrative law – Decisions of administrative tribunals – Police Review Board – Police – Professional governance and discipline – Judicial review – Appeals – Leave to appeal – Investigations – Compliance with legislation – Remedies – Procedural requirements and fairness – Bias Steele v. Edmonton (City) Police Service, [2016] A.J. No. 327, 2016 ABCA 95, ...

Alberta court applied the correctness standard of review to the implementation of inducement prohibitions by the College of Pharmacists

The Applicant, Sobeys West Inc., sought judicial review of new regulations adopted by the Respondent, the Alberta College of Pharmacists. The Court decided the standard of review was correctness even though the parties agreed the standard of review was reasonableness. Administrative law – College of Pharmacists – Correctness – Decisions of administrative tribunals – Judicial ...

The Alberta Court of Appeal allowed an appeal made by a veterinarian from a regulatory order suspending his licence and requiring him to attend addictions treatment on the basis that he was denied procedural fairness

Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Competence – Licence to practice – Suspensions – Judicial review – Natural justice – Procedural requirements and fairness – Notice – Disclosure Irwin v. Alberta Veterinary Medical Assn., [2015] A.J. No. 1398, 2015 ABCA 396, Alberta Court of Appeal, ...

Examination and experience standards used by professional association admitting foreign graduates were not found discriminatory

21. March 2016 0
An Alberta Human Rights Tribunal found that the Association of Professional Engineers and Geoscientists of Alberta (the “Association”) discriminated against Mr. Mihaly, a Czechoslovakian educated engineer, by requiring him to write examinations to confirm his academic credentials and failing to recognize his education as equivalent to an engineering degree from an accredited university. The tribunal ...

Alberta Court held it had no jurisdiction to review the Law Enforcement Review Board’s decision to dismiss a constable

22. January 2016 0
The Applicant, Constable A., was unsuccessful in seeking judicial review of the Respondent Law Enforcement Police Board’s decision regarding her dismissal. Administrative law – Appeal Process – Compliance with legislation – Decisions of administrative tribunals – Judicial Review – Jurisdiction – Penalties and suspensions – Police – Police Review Board – Professional governance and discipline ...

The Alberta Court of Appeal granted a veterinarian’s application for a stay of suspension from practice

Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and suspensions – Remedies – Injunctions – Judicial review – Stay of proceedings Irwin v. Alberta Veterinary Medical Assn., [2015] A.J. No. 553, 2015 ABCA 176, Alberta Court of Appeal, May 21, ...

The Office of the Information and Privacy Commissioner issued a notice to produce records to a university, demanding that it provide copies of all documents that fell under the complainant’s request, including those over which the university asserted solicitor-client privilege. Authority to do so was said to be provided by s. 56(3) of FOIPPA. The Court of Appeal held that the principles of strict interpretation needed to be applied to s. 56(3), and upon that application, it was clear that the provision did not confer authority upon the Commissioner to require disclosure of records from a public body that were subject to solicitor-client privilege. The language of the provision was not clear or explicit enough to warrant an override of privilege, which is essential to our legal system and the administration of justice.

26. May 2015 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Universities – Freedom of information and protection of privacy – Disclosure of records – Public body – Solicitor-client privilege – Judicial review – Compliance with legislation – Statutory interpretation – Standard of review – Correctness University of Calgary v. J.R., [2015] A.J. No. 348, ...

Appeal from decision of chambers judge upholding decision striking claim on jurisdictional basis

28. April 2015 0
Administrative law – Employment law – Termination of employment – Constructive dismissal – Administrative tribunals – Workers Compensation Boards – Jurisdiction – Appeal – Compliance with legislation – Statutory interpretation Ashraf v. SNC Lavalin ATP Inc., [2015] A.J. No. 216, 2015 ABCA 78, Alberta Court of Appeal, February 27, 2015, P.W.L. Martin, R.S. Brown JJ.A. and ...