Alberta Court of Appeal affirms finding of unprofessional conduct and concludes sanction imposed on surveyor was not unreasonable

17. February 2017 0
Appeal from decision of Council of Alberta Land Surveyors’ Association from finding surveyor engaged in unprofessional conduct for removing a survey monument contrary to the provisions of the Land Surveyor’s Act. Administrative law – Conduct unbecoming – Correctness – Council of the Alberta Land Surveyors’ Association – Decisions reviewed – Disciplinary proceedings – Judicial Review – ...

The appeal of a nursing home (“Grass Home”) from the decision of a fire marshal affirming an order of a fire inspector requiring the removal of locks was allowed where the Court found the fire marshal’s decision was reasonable but void due to an apprehension of bias

23. February 2010 0
Administrative law – Municipalities – Fire inspectors – Orders – Judicial review – Decisions reviewed – Fire inspectors – Judicial review – Procedural requirements and fairness – Bias – Standard of review – Reasonableness simpliciter Grass Home Ltd. v. New Brunswick (Provincial Fire Marshall), [2009] N.B.J. No. 381, New Brunswick Court of Queen’s Bench, September ...

The Municipality of Hazelbrook was successful in its appeal to quash the ministerial decision to grant an excavation permit and a construction and demolition disposal site permit

26. April 2005 0
Administrative law – Judicial review application – Permits and licences – Judicial review – Decisions reviewed – Ministerial orders – Standard of review – Patent unreasonableness Hazelbrook (Municipality) v. Prince Edward Island, [2205] P.E.I.J. No. 9, Prince Edward Island Supreme Court – Appeal Division, February 16, 2005, J.A. McQuaid J.A., G.E. Mitchell C.J.P.E.I. and L.K. Webber ...

Del Bianco’s appeal from an Order of the Alberta Securities Commission was dismissed by the Alberta Court of Appeal. The court found that there was sufficient evidence to support both the Commission’s finding that Del Bianco had traded in shares without being registered and the reasonableness of the sanctions imposed.

28. December 2004 0
Administrative law – Stock brokers – Disciplinary proceedings – Penalties – Judicial review – Decisions reviewed – Securities Commission – Standard of review – Reasonableness simpliciter Del Bianco v. Alberta Securities Commission, [2004] A.J. No. 1222, Alberta Court of Appeal, October 29, 2004, Fruman and Ritter JJ.A. and Sullivan J. Del Bianco was the director of ...

The Applicant Association sought judicial review of the Province’s decision to substitute its own compensation package for provincial judges for that recommended by the 2003 Judicial Compensation Commission. The court held that while the Province’s action met the “rationality” test, the Province had not demonstrated that exceptional circumstances existed such that it could reject the Commission’s recommendations. The court therefore allowed the judicial review to the extent of providing the Province with 90 days to reconsider the Commission’s recommendations and to justify its rejection on the ground of exceptional circumstances.

26. October 2004 0
Administrative law – Remuneration of judges – Judicial Remuneration Commission – Recommendations – Government rejection – Simple rationality standard – Judicial review – Decisions reviewed – Ministerial orders Alberta Provincial Judges’ Assn v. Alberta, [2004] A.J. No. 936, Alberta Court of Queen’s Bench, August 20, 2004, MacCullam J. The Alberta Provincial Judges Association sought judicial review ...

The decision of the Respondent, Health Canada, to impose a moratorium on the provision of service provider numbers was a managerial decision which was subject only to a limited degree of fairness. There was no requirement in this case for the Respondent to review the Applicant’s application for a service number on its merits and the application for judicial review was therefore dismissed.

26. October 2004 0
Administrative law – Judicial review – Decisions reviewed – Ministerial orders – Licence to provide health services – Procedural requirements and fairness 1018025 Alberta Ltd. v. Canada (Minister of Health), [2004] F.C.J. No. 1333, Federal Court, August 11, 2004, Gauthier J. The Applicant had been denied a service provider number which would have allowed it ...

A decision of the appeal tribunal, constituted under the Yukon Workers’ Compensation Act, to disclose the entire file of the worker to her employer was quashed as the tribunal erred in law in its consideration of the notion of “relevance” resulting in an order which was unreasonable

26. October 2004 0
Administrative law – Judicial review – Decisions reviewed – Workers Compensation Boards – Disclosure – Relevance of information disclosed – Standard of review – Reasonableness simpliciter O’Donnell (Re), [2004] Y.J. No. 76, Yukon Territory Supreme Court, July 19, 2004, Veale J. An appeal tribunal appointed under the Yukon Worker’s Compensation Act, R.S.Y. 2002, c.231, ordered, on ...

The decision of an arbitrator appointed under the British Columbia Strata Property Act with respect to issues of liability was not clearly wrong and therefore the Applicant’s petition under the Judicial Review Procedure Act was dismissed. With respect to the arbitrator’s award of costs, the court held that the only costs the arbitrator was entitled to award were for party-and-party costs or special costs pursuant to the British Columbia Rules of Court. The arbitrator therefore erred in basing the award on the actual costs incurred. In addition, the arbitrator was not entitled to award costs in relation to the court applications made subsequent to the commencement of the arbitration and he also erred in law in awarding costs to the strata corporation based on the strata council bylaws. The court set aside the arbitrator’s award of costs and held that they should be assessed on a party-and-party basis.

26. October 2004 0
Administrative law – Judicial review – Decisions reviewed – Arbitration and award – Arbitrators – Right to award costs – Standard of review – Reasonableness simpliciter Blackmore v. Strata Plan VR-274, [2004] B.C.J. No. 1719, British Columbia Supreme Court, August 20, 2004, Goepel J. An arbitrator appointed under the British Columbia Strata Property Act, S.B.C. 1998, c. ...