Cases Considered: Rezources Inc. v. Gift Lake Development Corp., 2008 ABQB 254

PDF Version:  Provincial Court Small Claims Appeals: When is an appeal by way of trial de novo appropriate? 

Section 51 of the Provincial Court Act, R.S.A. 2000 Ch. P-31, provides that an appeal of a Provincial Court decision is to be heard as an appeal on the record unless a party applies and the Court of Queen’s Bench orders that the appeal to be heard as a trial de novo. The default position is therefore an appeal on the record that was created at trial, usually a transcript of what was said and any exhibits that were entered.

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Cases Considered: Reilly v The Chief Judge of the Provincial Court of Alberta, 2008 ABCA 72,

PDF Version: Provincial Court Judges’ Professional Allowances and Judicial Independence

Provincial Court Judge John Reilly requested the approval of the Chief Judge of the Provincial Court of Alberta to use his professional allowance to attend a conference in Caux, Switzerland. The Caux conference’s focus was “Peace - Building Initiatives” and would also be attended by an Elder and three Chiefs of the Stoney Reserve. Judge Reilly’s jurisdiction includes the Stoney Reserve and he has long been interested in the administration of justice to Aboriginal peoples and the Stoney Nation in particular. All of this he set out in his request to the Chief Judge, relying upon the professional allowance established through the Provincial Court Judges and Masters in Chambers Compensation Regulation, A.R. 176/98 (“Compensation Regulation”), which reads:

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Cases Considered: Weir v. Canada (Registrar of Firearms), 2008 ABPC 18, Woodcock v. Canada (Registrar of Firearms), 2008 ABPC 19

PDF Version: The Shotgun Approach to Judicial Review

These two almost identical judgments of Provincial Court Judge Bruce R. Fraser confirmed refusals by the Registrar to issue registration certificates for prohibited weapons. They were both references made pursuant to section 74 of the Firearms Act, S.C. 1995, c. 39. The standard of the review to be conducted by a provincial court judge in such a reference has been a controversial matter. Various methods for selecting the appropriate standard of review in a section 74 reference have been proposed and implemented by Alberta courts. The jurisprudence thus far suggests this shotgun approach is missing the mark when it comes to standard of review.

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