The Federal Court of Appeal reinforced that absurd results must be avoided when interpreting legislation

19. April 2022 0
Administrative law – Decisions reviewed – Workers Compensation Boards – Compliance with legislation [Interpretation] – Judicial review – Appeals and leave to appeal – Standard of review – Reasonableness – Workers compensation – Pensions – Eligibility Canada (Attorney General) v. Burke, [2022] F.C.J. No. 321, 2022 FCA 44, Federal Court of Appeal, March 15, 2022, ...

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.

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 refused the applicant’s leave to appeal the Respondent Commission’s interlocutory ruling and the Commission was entitled to proceed against the Applicant, notwithstanding that the CDNX exchange had imposed penalties on him in respect of the same underlying conduct. The Applicant’s other grounds of appeal were deemed premature, as the Court lacked a factual basis for granting appeal.

Administrative law – Stock brokers – Disciplinary proceedings – Hearings – Stay of proceedings – Decisions of administrative tribunals – Securities Commission – Delay – Abuse of process – Judicial review – Appeals and leave to appeal – Jurisdiction Smolensky v. British Columbia (Securities Commission), [2006] B.C.J. No. 727, British Columbia Court of Appeal, March 24 2006, ...