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 ...

Application to the Alberta Court of Appeal for leave to appeal a decision of the Alberta Law Enforcement Review Board remitting a matter back to the same decision maker that initially dismissed the appellant’s complaint against a police officer

24. May 2016 0
Administrative law – Decisions of administrative tribunals – Police Review Board – Police – Professional governance and discipline – Judicial review – Appeals – Leave to appeal – Investigations – Compliance with legislation – Remedies – Procedural requirements and fairness – Bias Steele v. Edmonton (City) Police Service, [2016] A.J. No. 327, 2016 ABCA 95, ...

Judicial review may not be utilized where an adequate alternative remedy, such as a statutory right of appeal, has not been exhausted prior to judicial review proceedings being taken

22. December 2015 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Nuisance – Continuing contravention – Extension of time – Appeals – Remedies – Alternative remedies – Judicial review – Delay – Limitation of actions Moyer v. Corman Park No. 344 (Rural Municipality), [2015] S.J. No. 513, 2015 SKQB 281, Saskatchewan ...

The Court denied a vexatious litigant (pharmacist) leave to appeal a decision that denied his reinstatement application for his pharmacy license on the basis that it was an abuse of process and there were no reasonable grounds for it

22. December 2015 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Governance – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Licence to practice – Reinstatement – Judicial review – Appeals – Leave to appeal – Abuse of process – Jurisdiction – Compliance with legislation – Rules and by-laws – Standard ...

Appeal from decision of chambers judge upholding decision striking claim on jurisdictional basis

28. April 2015 0
Administrative law – Employment law – Termination of employment – Constructive dismissal – Administrative tribunals – Workers Compensation Boards – Jurisdiction – Appeal – Compliance with legislation – Statutory interpretation Ashraf v. SNC Lavalin ATP Inc., [2015] A.J. No. 216, 2015 ABCA 78, Alberta Court of Appeal, February 27, 2015, P.W.L. Martin, R.S. Brown JJ.A. and ...

This was a successful application by property owner for leave to appeal the decision of the Town of Okotoks Subdivision and Development Appeal Board approving a development permit for a daycare adjacent to the property of the Applicant

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Municipal boards – Municipalities – By-laws – Planning and zoning – Variance orders – Appeals – Judicial review Young v. Okotoks, [2014] A.J. No. 931, 2014 ABCA 275, Alberta Court of Appeal, September 2, 2014, B.K. O’Ferrall J.A. The Applicant, Jeff Young, sought leave to appeal a decision ...

BC Court of Appeal permitted the respondent leave to appeal a commercial arbitrator’s decision. The Arbitration Act only allows leave to appeal on questions of law, and the court determined that the question raised by the respondent was one of law, since it related to contractual interpretation and whether something was or reasonably ought to have been within the common knowledge of the parties at the time of the execution of the contract. The Supreme Court of Canada ruled that contractual interpretation issues involving mixed fact and law, such as whether something was or reasonably ought to have been within the common knowledge of the parties at the time of the execution of the contract, are properly questions of fact. Accordingly, as the respondent’s appeal was based on a question of fact and not law, it should not have been granted leave. The appellant’s appeal was allowed.

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Arbitration and award – Judicial review – Appeals – Leave to appeal – Test – Compliance with legislation – Jurisdiction of court – Standard of review – Reasonableness simpliciter Sattva Capital Corp. v. Creston Moly Corp., [2014] S.C.J. No. 53, 2014 SCC 53, Supreme ...

The Applicant (Mr. Plotkine) unsuccessfully sought leave to appeal a decision of the Ontario Municipal Board. The Board had permitted 10 variances for the Respondent neighbours (Allan and Susan Seidenfeld) to build a home that did not comply with the building code.

26. August 2014 0
Administrative law – Decisions of administrative tribunals – Municipal boards – Municipalities – Planning and zoning – Variance orders – Judicial review – Appeals – Parties – Standing – Failure to provide reasons – Evidence Plotkine v Seidenfeld, [2014] O.J. No. 3375, 2014 ONSC 4157, Ontario Superior Court of Justice, July 16, 2014, T.R. Lederer ...

The applicant landlord unsuccessfully sought leave to appeal a decision of the Residential Tenancies Commission which required him to pay compensation to the respondent tenants

27. May 2014 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Termination – Judicial review – Appeals – Leave to appeal – Compliance with legislation – Hearings – Procedural requirements and fairness Chong v. Wan, [2014] M.J. No. 97, 2014 MBCA 35, Manitoba Court of Appeal, April 16, 2014, B.M. ...

The appellant engineer argued that his appeal of the Discipline Committee’s professional misconduct findings should be an appeal de novo, and not an appeal on the record. The Council of the Association determined the appeal would be based on the record, and the judicial review application judge upheld that decision. The Court of Appeal dismissed the appellant’s interlocutory appeal of the application judge’s ruling because it did not meet the criteria of “exceptional circumstances” to justify the Court’s interlocutory intervention in the ongoing administrative process.

22. April 2014 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Rules and by-laws – Hearing de novo – Judicial review – Appeals Dorn v. Assn. of Professional Engineers and Geoscientists of Manitoba, [2014] M.J. No. 63, 2014 MBCA 25, Manitoba Court of Appeal, March 3, 2014, H.C. ...