The issue in this matter concerns the authority of the police to direct an individual’s movements during the course of a traffic stop

26. November 2013 0
Administrative law – Decisions of administrative tribunals – Police Review Board – Police – Authority to arrest – Disciplinary proceedings – Public interest – Judicial review – Evidence Adaikin v. Calgary (Police Service), [2013] A.J. No. 1028, 2013 ABCA 333, Alberta Court of Appeal, September 30, 2013, P.W.L. Martin, B.K. O’Ferrall and B.L. Veldhuis JJ.A. ...

An assessment which falls below the minimum standard of care required, but does not lead to a misdiagnosis, may lead to a finding of veterenarian’s unprofessional conduct

25. June 2013 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Professional misconduct – Competence – Judicial review – Evidence –  Compliance with legislation – Standard of review – Reasonableness simpliciter Karagic v. Alberta Veterinary Medical Assn., [2013] A.J. No. 481, 2013 ABCA 169, Alberta Court of Appeal, May 21, ...

The appellants successfully appealed a decision of the Law Enforcement Review Board, setting aside a decision of the Chief of Police of the Calgary Police Service, directing that a hearing be held in relation to a complaint against two constables with the Calgary Police Service

28. May 2013 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Professional governance and discipline – Investigations – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation Calgary (Police Service) v. Alberta (Law Enforcement Review Board), [2013] A.J. No. 306, 2013 ABCA 124, Alberta Court of Appeal, ...

The applicant applied for a judicial review of The Association of United Ukrainian Canadians National Committee’s decision to sell a camp it owned in Alberta seeking an injunction on the sale or an order declaring it a nullity. The Court granted an injunction on the sale pending an appeal to the National Convention, which the association failed to grant the applicant despite statutory entitlement.

28. May 2013 0
Administrative law – Decisions of administrative tribunals – Associations and clubs – Sale of assets – Legality – Judicial review – Jurisdiction – Remedies – Injunctions Woloshyn v. Assn. of United Ukrainian Canadians, [2013] A.J. No. 439, 2013 ABQB 262, Alberta Court of Queen’s Bench, May 2, 2013, C.A. Kent J. The applicant, a member ...

The Applicant home builder sought a review of an arbitrator’s decision relating to a warranty dispute between the Applicant and the Respondent condominium corporation. The arbitrator decided he had jurisdiction to proceed with the arbitration and the Applicant’s application to review that decision was dismissed.

23. April 2013 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Judicial review – Jurisdiction of arbitrator – Standard of review – Correctness Urban E. Homes Ltd. v. Condomium Corp. No. 0313563, [2013] A.J. No. 187, 2013 ABQB 109, Alberta Court of Queen’s Bench, February 15, 2013, R.A. Jerke J. The Applicant, Urban E. Homes Ltd., constructed ...

The individual Appellants, Stuart and Karen Shaw, unsuccessfully appealed a decision of the Respondent Alberta Utilities Commission (the “Commission”). The Commission had approved a new electrical transmission infrastructure project in the county of the Appellants.

22. January 2013 0
Administrative law – Decisions of administrative tribunals – Utilities Commission – Approval process – Public interest – Powers under legislation – Natural resources – Electricity – Transmission – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Correctness – Reasonableness simpliciter Shaw v. Alberta (Utilities Commission), [2012] A.J. No. 1259, 2012 ...

This was an application by the Chief of the Edmonton Police Service (the “Chief”) for leave to appeal a decision by the Law Enforcement Review Board (the “Board”)

27. December 2012 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Hearings – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Edmonton (City) Police Service v. Alberta (Law Enforcement Review Board), [2012] A.J. No. 1172, 2012 ABCA 357, Alberta ...

The appellant challenged a finding on a statutory appeal that a letter to the editor did not constitute hate speech. The Court of Appeal dismissed the appeal, finding that the letter to the editor was on a matter of public interest and, even if offensive, did not constitute hate speech and was protected as expression of opinion.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Sexual orientation – Charter of Rights and Freedoms – Freedom of expression – Judicial review – Compliance with legislation – Evidence – Standard of review – Correctness Lund v. Boissoin, [2012] A.J. No. 1036, 2012 ABCA 300, Alberta Court ...

The Alberta Court of Appeal dismissed an application for leave to appeal from a decision of the Edmonton Subdivision and Development Appeal Board. The Court held that applicant’s grounds for appeal did not raise questions of law alone and thus the Court lacked expertise and jurisdiction to set aside the Board’s findings. Further, the Court held that the applicant’s suggestion that because one of the members of the panel which rendered the decision had previously ruled on a similar case, he appears to have been biased had no chance of success in the Court of Appeal and leave was not granted on that ground.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – Subdivision and Development Appeal Board – Judicial review – Bias – Jurisdiction of court McCauley Community League v. Edmonton (City), [2012] A.J. No. 1077, 2012 ABCA 314, Alberta Court of Appeal, October 30, 2012, J.E.L. Côté J.A. The applicant, the McCauley Community League, applied for leave to ...

The Alberta Court of Appeal held that there is no human rights defence to a professional who steals narcotics and forges related records, notwithstanding that the professional has a narcotic dependency

23. October 2012 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Nurses – Disciplinary proceedings – Professional misconduct / conduct unbecoming –  Addiction –  Penalties and suspensions – Human rights complaints – Discrimination – Judicial review –  Evidence Wright v. College and Assn. of Registered Nurses of Alberta (Appeals Committee), [2012] A.J. No. 943, ...