The Applicant, Ms. Fitzpatrick, a physiotherapist, was disciplined by the Discipline Committee of the Respondent, Alberta College of Physical Therapists. Ms. Fitzpatrick unsuccessfully appealed the Discipline Committee’s decision to the Council of the College. Ms. Fitzpatrick then succeeded, in part, in appealing the Council’s decision to the Alberta Court of Appeal.

28. August 2012 0
Administrative law – Decisions of administrative tribunals – College of Physical Therapists – Physical Therapists – Disciplinary proceedings – Penalties and suspensions – Judicial review – Evidence – Standard of proof – Failure to provide reasons Fitzpatrick v. Alberta College of Physical Therapists, [2012] A.J. No. 680, 2012 ABCA 207, Alberta Court of Appeal, June ...

The Court of Appeal dismissed the Institute of Chartered Accountants appeal from an Appeal Tribunal’s decision ordering a stay of proceedings based on an abuse of process. The Appellant’s investigator had received information relevant to the complaint against the respondent from various sources, which was sent to an email address which the investigator’s wife had access to. On that basis the Appeal Tribunal concluded that the investigator had disclosed confidential information without the respondent’s consent contrary to the Regulated Accounting Profession Act.

24. July 2012 0
Administrative law – Decisions of administrative tribunals – Institute of Chartered Accountants – Accountants – Disciplinary proceedings – Judicial review – Stay of proceedings – Abuse of process – Investigations – Disclosure of third party records – Jurisdiction Clark v. Alberta (Institute of Chartered Accountants, Complaints Inquiry Committee), [2012] A.J. No. 505, 2012 ABCA 152, ...

The Court of Appeal dismissed the University of Calgary’s appeal from a judicial review decision quashing disciplinary findings and sanctions against students found by the University to have conducted non-academic misconduct by posting comments about their professor on a Facebook wall. While the Court of Appeal unanimously upheld the Chambers judge’s decision to quash the Review Committee’s decision, the Court issued three separate concurring judgments, with the lead judgment revisiting the Supreme Court of Canada’s 1990 decision in McKinney v. University of Guelph, [1990] 3 SCR 229, and concluding that McKinney does not always preclude the application of the Charter to universities. In this circumstance, the lead judgment found that the Charter applied to university discipline and the students’ rights had been breached. The other two concurring judgments found it unnecessary to analyze the applicability of the Charter.

26. June 2012 0
Administrative law – Decisions of administrative tribunals – University Committees – Universities – Student discipline – Internet – Social media – Charter of Rights and Freedoms – Freedom of expression – Judicial review – Procedural requirements and fairness – Failure to provide reasons – Compliance with legislation – Standard of review – Correctness – Reasonableness ...

A municipal counsillor who previously expressed a definitive opinion on the topic of appeal ought to have been recused from hearing the appeal. Failure to recuse the counsillor resulted in the Alberta Court of Appeal granting leave to the applicant on the basis that there was a reasonable apprehension of bias.

22. May 2012 0
Administrative law – Decisions of administrative tribunals – Municipal Planning Commission – Permits and licences – Appeals and leave to appeal – Municipalities – By-laws – Judicial review – Evidence – Reasonable apprehension of bias – test Beaverford v. Thorhild (County No. 7), [2012] A.J. No. 288, 2012 ABCA 99, Alberta Court of Appeal, March 28, ...

The Court of Appeal dismissed the Appellant’s appeal from a decision of the College of Physicians and Surgeons which imposed a global penalty on the Appellant for 31 counts of professional misconduct

27. March 2012 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Billing matters – Records – Penalties – Judicial review – Evidence Visconti v. College of Physicians and Surgeons of Alberta, [2012] A.J. No. 123, 2012 ABCA 46, Alberta ...

A complainant’s application to the Law Society of Alberta to disclose its investigative report was dismissed. On judicial review, the Court agreed stating that a self-regulating profession has a duty to the public to respond to complaints properly, and disclosure of its records might hamper its ability to investigate complaints.

28. February 2012 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct – Investigations – Abuse of process – Disclosure of record – Judicial review – Procedural requirements and fairness Davidoff v. Law Society of Alberta, [2011] A.J. No. 1442, 2011 ABQB 668, Alberta Court of Queen’s Bench, November 1, ...

The Appellant Chief of Police successfully appealed the Respondent Law Enforcement Review Board’s decision that it had jurisdiction to review the Chief of Police’s decision to take no further action in respect of a complaint

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Police Commission – Law Enforcement Review Board – Jurisdiction – Police – Disciplinary proceedings – Judicial review – Investigations – Standard of review – Correctness – Compliance with legislation Edmonton Police Service v Alberta (Law Enforcement Review Board), [2011] A.J. No. 1117, 2011 ABCA 288, Alberta Court of ...

The Law Enforcement Review Board erred in considering only a partial record in setting aside the Chief of Police’s dismissal of a complaint of misconduct against a police officer and directing the Chief to hold a hearing. The decision was reviewed on a reasonableness standard. Given the inordinate delay, the Court declined to remit the matter back to the Board for further consideration.

25. October 2011 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Hearings – Evidence – Judicial review – Delay – Standard of review – Reasonableness simpliciter Eltom v. Alberta (Law Enforcement Review Board), [2011] A.J. No. 1017, 2011 ABCA 260, Alberta Court ...

The Alberta Association of Architects (the “Association”)’s attempt to permanently enjoin Mr. Zul Boga (“Boga”) from practising architecture in future was found to be premature

27. September 2011 0
Administrative law – Decisions of administrative tribunals – Association of Architects – Architects – Disciplinary proceedings – Public interest – Competence – Training requirements – Remedies – Self-governing professions – Injunctions – Judicial review – Compliance with legislation Alberta Assn. of Architects v. Boga, [2011] A.J. No. 869, 2011 ABQB 482, Alberta Court of Queen’s ...

A certified management accountant (“Deen”), who had committed professional misconduct, succeeded in reducing a sanction imposed by an appeals tribunal (“Appeals Tribunal”) of the Complaints Inquiry Committee of the Certified Management Accountants of Alberta (“Complaints Inquiry Committee”)

27. September 2011 0
Administrative law – Decisions of administrative tribunals – Certified Management Accountants – Professional governance and discipline – Professional misconduct / conduct unbecoming – Conflict of interest – Disciplinary proceedings – Penalties and suspensions – Judicial review – Appeals – Evidence Deen v. Certified Management Accountants of Alberta (Complaints Inquiry Committee), [2011] A.J. No. 839, 2011 ...