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

25. May 2016 0
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 ...

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 ...

An appeal to the court pursuant to the Business Names Registration Act is a review on the record rather than a hearing de novo

22. March 2011 0
Administrative law – Decisions of administrative tribunals – Director of Companies Office – Business names – Registration – Appeal process – Hearing de novo – Judicial review – Appeals – Compliance with legislation Brian Neil Friesen Dental Corp. v. Director of Companies Office (Manitoba), [2011] M.J. No. 50, 2011 MBCA 20, Manitoba Court of Appeal, ...

A party wishing to bring an action for damages arising out of a hospital privileges issue must first proceed by way of a statutory route to establish the basis for sustaining the claim in damages. To permit Applicants to commence actions for damages on a hospital privileges issue without following the statutory process, would result in a system whereby a dissatisfied party would be able to bypass the specialised tribunal, a result that is not permitted under the Act.

27. March 2007 0
Administrative law – Physicians and surgeons – Hospital privileges – Damages – Statutory provisions – Decisions of administrative tribunals – Appeal process – Compliance with legislation – Jurisdiction of court Beiko v. Hotel Dieu Hospital St. Catharines, [2007] O.J. No. 331, Ontario Superior Court of Justice, January 26, 2006, G.B. Morawetz J. The Plaintiffs brought an ...

Jazz Air applied for judicial review in respect of a series of acts and decisions of the Toronto Port Authority alleging that the Port Authority acted in excess of its statutory jurisdiction by restricting Jazz Air’s access to and use of the Toronto City Centre Airport, including denying access for space for passenger facilities and discouraging or precluding fair, reasonable and competitive access by airline users of the Toronto City Airport

24. October 2006 0
Administrative law – Decisions of administrative tribunals – Port Authority – Landlord and tenant – Leases – Judicial review application – Appeals – Appeal process – Jurisdiction Jazz Air LP v. Toronto Port Authority, [2006] F.C.J. No. 1155, Federal Court, July 20, 2006, Rouleau D.J. More than 16 years ago, the Toronto Port Authority granted a long-term ...

A physician (“Dr. Litchfield”) applied for judicial review of a decision by the Investigating Committee of the College of Physicians and Surgeons (the “College”) finding him guilty on 9 out of 10 charges of inappropriate examinations and performing manual therapy without consent. The Court considered whether it was appropriate to deal with the judicial review application at this stage or whether it should defer to allow for completion of the internal process, including a hearing by Council and a statutory right of appeal, as set out in the Medical Profession Act, R.S.A. 220, c.M-11, (the “MPA”). The general rule is that an adequate internal appeal process should be exhausted but the Court retains discretion to allow judicial review in the face of an internal appeal in exceptional circumstances. Such circumstances did not exist. Council had broad powers to receive and consider relevant new evidence and address issues concerning legal errors and breaches of the College’s duty of fairness and duty to fairly investigate the complaints.

28. February 2006 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Appeal process – Physicians and Surgeons – Disciplinary proceedings – Judicial review – Applications – Procedural requirements and fairness – Disclosure – Evidence Litchfield v. College of Physicians and Surgeons of Alberta, [2005] A.J. No. 1771, Alberta Court of Queen’s Bench, ...

Following a finding of professional misconduct, a Hearing Panel of the Law Society of Upper Canada (“LSUC”) ordered that the former member be disbarred. The LSUC Appeal Panel set aside the penalty order and substituted its penalty that the former member receive ongoing medical treatment, file medical reports, and practice law only as an employee of an approved member of the LSUC. On appeal by the LSUC, the Court found that the Appeal Panel stepped out of its proper role as a “first review tribunal” and erroneously took on a trial de novo role and proceeded as an initial hearing panel. The Court set aside the penalty imposed by the Appeal Panel and reinstated the Hearing Panel’s penalty of disbarment.

27. December 2005 0
Administrative law – Barristers and solicitors – Disciplinary proceedings – Penalties – Disbarment – Decisions of administrative tribunals – Law Societies – Appeal process – Fresh evidence – Admissibility – Jurisdiction – Procedural requirements and fairness Law Society of Upper Canada v. Crozier, [2005] O.J. No. 4520, Ontario Superior Court of Justice, October 24, 2005, J.G.J. O’Driscoll, ...

The Estate of Gordon Stiles (the “Estate”) was denied its application for leave to appeal the decision of the Alberta Energy and Utilities Board (the “Board”) which denied the Estate’s review of its earlier decision to grant Esprit Exploration Ltd. (“Esprit”) a licence to drill a well on the land adjoining the lands owned by the Estate

22. November 2005 0
Administrative law – Natural resources – Decisions of administrative tribunals – Energy and Utilities Board – Permits and licences – Judicial review – Procedural requirements and fairness – Appeal process – Compliance with legislation – Standard of review – Correctness Stiles Estate v. Alberta (Energy and Utilities Board), [2005] A.J. No. 1245, Alberta Court of Appeal, ...

The Court dismissed an appeal from a decision of the Respondent Institute’s Appeal Tribunal which had decided to refer two allegations of unprofessional conduct to the Discipline Tribunal Roster Chair and not to allow the Appellant to make representations to the Appeal Tribunal. The Court held that, under the Act, it was premature for the Court to hear an appeal at this stage of the proceedings.

23. August 2005 0
Administrative law – Accountants – Disciplinary proceedings – Procedural fairness – Judicial review – Natural justice – Appeal process – Hearings – Conduct of hearings Partington v. Institute of Chartered Accountants of Alberta, [2005] A.J. No. 787, Alberta Court of Appeal, July 4, 2005, Russell and Picard JJ.A. and Ouellette J. The Appellant was a Chartered Accountant ...

The Court dismissed the Petitioner’s appeal of a decision of the Respondent College’s Registration Committee which had dismissed her appeal regarding the results of her written examination for qualification. The Court found that the Registration Committee had not violated the principles of natural justice in administering the written examination, the College had not acted on irrelevant considerations in setting the passing score for the written examination and the College had not violated the rules of natural justice in conducting the Petitioner’s internal appeal.

28. June 2005 0
Administrative law – Decisions of administrative tribunals – College of Traditional Chinese Medicine Practitioners – Licence to practice – Examinations – Judicial review – Procedural requirements and fairness – Natural justice – Legitimate expectations – Appeal process – Standard of review – Correctness – Reasonableness simpliciter Eliott v. College of Traditional Chinese Medicine Practitioners and Acupuncturists ...