Alberta Court of Appeal upholds a decision from the Council of the Alberta Association of Architects (“Association”) that held: (i) an architect engaged in architectural practice without Association registration is not immune from regulatory discipline and (ii) an architect that de-registers with the Association after a complaint has been filed but prior to a disciplinary proceeding is not immune from prosecution and sanction

28. April 2015 0
Administrative law – Decisions of administrative tribunals – Association of Architects – Architects – Governance – Disciplinary proceedings – Professional misconduct – De-registration – Unauthorized practice – Public interest – Judicial review – Compliance with legislation  – Procedural requirements and fairness – Bias Ho v. Alberta Assn. of Architects, [2015] A.J. No. 186, 2015 ABCA ...

A privacy commissioner adjudicator ordered the Calgary Police Service to stop disclosing more information than was necessary when providing collision reports to members of the public who had been involved in traffic accidents. On judicial review, the Police Service was unsuccessful in having the adjudicator’s decision quashed.

24. March 2015 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure of records – Public bodies – Judicial review – Parties – Standing – Standard of review – Reasonableness simpliciter Calgary (City) Police Service v. Alberta (Information and Privacy Commissioner), [2014] A.J. No. 1470, 2014 ABQB ...

A dentist registered in British Columbia who attempted judicial review of a decision of the Alberta Dental Association and College refusing his registration as a dentist in Alberta, was unsuccessful

24. March 2015 0
Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Dentists – Governance – Licence to practice – Jurisdiction – Judicial review – Compliance with legislation – Standard of review – Correctness – Reasonableness simpliciter Lum v. Council of the Alberta Dental Association and College, Review Panel, [2015] A.J. No. 19 , 2015 ...

Decision by the Alberta Court of Appeal overturning a decision by the Alberta Securities Commission that found five individuals culpable of charges stemming from insider trading

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Penalties – Judicial review – Evidence – Compliance with legislation Walton v. Alberta (Securities Commission), [2014] A.J. No. 909, 2014 ABCA 273, Alberta Court of Appeal, August 29, 2014, P.W.L. Martin, F.F. Slatter JJ.A. and R.E. Nation J. ...

This was a successful application by property owner for leave to appeal the decision of the Town of Okotoks Subdivision and Development Appeal Board approving a development permit for a daycare adjacent to the property of the Applicant

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Municipal boards – Municipalities – By-laws – Planning and zoning – Variance orders – Appeals – Judicial review Young v. Okotoks, [2014] A.J. No. 931, 2014 ABCA 275, Alberta Court of Appeal, September 2, 2014, B.K. O’Ferrall J.A. The Applicant, Jeff Young, sought leave to appeal a decision ...

Appeal by Workers’ Compensation Board from a decision overturning a decision of the Workers’ Compensation Board Appeals Commission regarding reduction of temporary total disability benefits on the basis of employability

27. May 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Temporary total disability – Judicial review – Standard of review – Reasonableness simpliciter – Delay Patrus v. Alberta (Workers’ Compensation Board), [2014] A.J. No. 315, 2014 ABCA 117, Alberta Court of Appeal, April 1, 2014, P.W.L. Martin and ...

The respondent Institute of Chartered Accountants cross-appealed the Discipline Tribunal’s finding of not guilty on the third of three charges of misconduct. The Tribunal had applied the Kienapple principle, and held that charges 1 and 3 were not sufficiently distinct in order to justify a finding of guilt on both. The Appeal Tribunal allowed the cross-appeal, and at the Court of Appeal level, the Court found that the Appeal Tribunal properly applied the Kineapple principle, and agreed that the elements which go to guilt in charges 1 and 3 differed, notwithstanding the fact that they relate to a common act.

22. April 2014 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Penalties and suspensions – Evidence – Kienapple rule Danyluik v. Alberta (Institute of Chartered Accountants, Complaints Inquiry Committee), [2014] A.J. No. 186, 2014 ABCA 78, Alberta Court of Appeal, February 26, 2014, P.W.L. Martin and B.K. O’Ferrall ...

The Law Enforcement Review Board of Alberta overturned a Presiding Officer’s decision at a disciplinary hearing to terminate the employment of a constable who had admitted to 8 counts of misconduct. The Board held that the Presiding Officer’s failure to give weight to the impact of the constable’s depression on his misconduct, on which a psychologist gave expert evidence, was unreasonable, and it reinstated the constable’s employment. On appeal, the Court of Appeal held that the Board erred when it failed to properly apply the reasonableness standard to the Presiding Officer’s decision. The Board substituted its own decision for a reasonable decision of the Presiding Officer.

28. January 2014 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Penalties and suspensions – Hearings – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Camrose (City) Police Service v. MacDonald, [2013] A.J. No. 1333, 2013 ABCA 422, Alberta Court of ...

The Law Enforcement Review Board overturned a police chief’s dismissal of a complaint on the basis that the investigation was inadequate. The Alberta Court of Appeal overturned the Board’s order that the complaint be directed to a discplinary hearing, because the only appropriate order in the circumstances where there was an inadequate investigation, is to order further investigation. With respect to a second complaint of unlawful arrest, the Board overturned the Presiding Officer’s dismissal of a complaint on the basis that the officers did not have a warrant to enter the home where they made the arrest. The Court found that the Board erred in failing to consider whether the officers had consent to enter the home. As the Board did not consider whether the Presiding Office decided that the officers had consent to enter the home, the Board’s decision was incomplete on a vital point.

28. January 2014 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Investigations – Inadequate investigations – Remedies – Judicial review – Evidence – Compliance with legislation Land v. Alberta (Law Enforcement Review Board), [2013] A.J. No. 1372, 2013 ABCA 435, Alberta Court of Appeal, December 16, 2013, C.M. ...

The Applicant police constable successfully sought leave to appeal to the Court of Appeal in respect of a fresh hearing that was conducted by the Respondent, Law Enforcement Review Board, relating to a penalty that was imposed on him by the other Respondent, the Edmonton Police Service

26. November 2013 0
Administrative law – Decisions of administrative tribunals – Police Review Board – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties and suspensions – Hearings  – Hearing de novo – Judicial review – Appeals – Standard of review – Reasonableness simpliciter Furlong v. Edmonton Police Service, [2013] A.J. No. 1119, 2013 ABCA ...