The Applicants, BP Canada and Inter Pipeline Fund, were granted leave to appeal a decision of the Energy Resources Conservation Board in respect of approvals it granted to a different company, Taylor Processing Inc.

27. September 2011 0
Administrative law – Natural resources – Oil and gas – Contracts – Hearings – Conduct of hearings – Decisions of administrative tribunals – Energy Resources Conservation Board – Judicial review – Appeals – Failure to provide reasons – Natural justice – Procedural requirements and fairness – Witnesses Inter Pipeline Fund v. Alberta Energy Resources Conservation ...

The applicant, Mr. St. Cyr, sought judicial review of a 2010 decision of the Workers’ Compensation Appeals Commission (“Appeals Commission”) which modified an earlier decision it had reached in 2008 regarding the applicant’s disability benefits. The 2008 decision had curtailed the disability benefits which the Workers’ Compensation Board had awarded the applicant, both by limiting the salary used to calculate his earning capacity and the timeframe within which he was eligible for total and partial disability benefits. In March 2009, the applicant successfully sought reconsideration of the 2008 decision, which the Appeals Commission vacated because the panel failed to apply s.63 of the Workers’ Compensation Act (the “Act”) in rendering a decision on non-compensable conditions.

23. August 2011 0
Administrative law – Decisions of administrative tribunals – Workers compensation Appeals Commission – Workers compensation – Benefits – Average earnings – method of calculation – Judicial review – Estoppel and res judicata – Natural justice – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter St. Cyr v. Alberta (Worker’s Compensation Board), [2011] ...

The Appellant police officer, Mr. Spinks, successfully appealed the decision of the Law Enforcement Review Board, which had overturned a decision of the Superintendent of Police. The Superintendent had acquitted Mr. Spinks of Discreditable Conduct in relation to information he disclosed during a child abuse investigation.

26. July 2011 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Disclosure – Evidence – Failure to provide reasons Spinks v. Alberta (Law Enforcement Review Board), [2011] A.J. No. 593, 2011 ABCA 162, Alberta Court of Appeal, May 27, ...

The Alberta Court of Appeal holds that the Dispute Resolution and Decision Review Body of the Workers’ Compensation Board has the jurisdiction to reconsider its own decisions

28. June 2011 0
Administrative law – Workers Compensation Boards – Disability – Jurisdiction – Appeals Watson v. Alberta (Workers’ Compensation Board), [2011] A.J. No. 450, 2011 ABCA 127, Alberta Court of Appeal, May 3, 2011, J.E.L. Cote, J.D.B. McDonald JJ.A. and G.A. Verville J. In March 1999, the respondent, Patricia Watson, filed a claim with the Workers’ Compensation ...

The Court of Appeal holds that the Claims Service Review Committee of the Workers’ Compensation Board has the jurisdiction to rescind its own decision in the face of a conflicting decision from the Appeals Commission

28. June 2011 0
Administrative law – Workers Compensation Boards – Workers Compensation Appeals Commission Lee v. Alberta (Appeals Commission for Alberta Workers’ Compensation), [2011] A.J. No. 451, 2011 ABCA 128, Alberta Court of Appeal, May 3, 2011, Sharlow, Layden-Stevenson and Stratas JJ.A. The respondent, Kim Lee, was injured at work in 1994. Throughout 1994 and 2002 the internal ...

The Alberta Court of Appeal held that the Energy Resources Conservation Board’s decision to reject expert evidence submitted after the deadline was a proper exercise of its discretion under the Energy Resources Conservation Act

28. June 2011 0
Administrative law – Decisions of administrative tribunals – Energy Resources Conservation Board – Environmental matters – Oil wells – Protections of species – Evidence – Expert reports – Admissibility – Appeals – Leave to appeal – review – Jurisdiction – Procedural requirements and fairness – Failure to provide reasons – Standard of review – Correctness ...

The Alberta Court of Appeal overturned the chambers judge’s decision dismissing the appellant’s application for judicial review of the Respondent’s decision denying her health benefits. The court of appeal held that the Respondent’s decision did not properly explain its reasons for preferring certain medical evidence over others, and therefore lacked transparency, and intelligibility and was unreasonable.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Psychological injury – employment related – Evidence – Standard of review – Reasonableness simpliciter – Correctness Sharif v. Alberta (Appeals Commission for Alberta Workers’ Compensation), [2011] A.J. No. 206, 2011 ABCA 75, Alberta Court of Appeal, March 4, 2011, E.I. Picard, ...

The Respondent had commenced disciplinary proceedings against the Appellants aimed at denying their rights to hold office or participate in Association voting. The Appellants had applied for a judicial review of the proceedings which was stayed by the chambers judge pending the outcome of the disciplinary proceedings. That decision was overturned on appeal based on the Court’s finding that the balance of convenience weighed in favour of staying the disciplinary proceedings and allowing the judicial review.

26. April 2011 0
Administrative law – Associations and clubs – Governance – Disciplinary proceedings – By-laws – Elections – Voting rights – Judicial review – Applications – Jurisdiction – Stay of proceedings – Test Voorhorst v. Canadian Soccer Assn., [2011] A.J. No. 205, 2011 ABCA 74, Alberta Court of Appeal, March 4, 2011, J.E.L. Côté and M.B. Bielby ...

The Applicant (1447743 Alberta Ltd.) sought leave to appeal a decision of the Respondent City’s Subdivision and Development Appeal Board, which overturned the City’s previous decision to issue a development permit to the Applicant. As a preliminary matter on the leave to appeal application, the Applicant raised concerns regarding the permissible degree of participation of the Board in the leave to appeal application.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Subdivision and Development Appeal Board – Appeals – Leave to appeal – Tribunal’s power to participate in leave application – Tribunal’s power to consider its own decisions – Judicial review – Jurisdiction – Parties – Standing 1447743 Alberta Ltd. v. Calgary (City), [2011] A.J. No. 263, 2011 ...

A police officer (Horon) successfully appealed a decision of the Law Enforcement Review Board for the Edmonton Police Service (“Law Enforcement Review Board”) that had directed the Chief of Police to lay a charge of neglect of duty against him

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Professional governance and discipline – Investigations – Reporting requirements – Judicial review – Jurisdiction – Standard of review – Correctness – Reasonableness simpliciter – Failure to provide reasons Mitzel v. Alberta (Law Enforcement Review Board), [2010] A.J. ...