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Category: Administrative Law Page 13 of 39

A Closer Look at Leave to Appeal Requirements Under the Municipal Government Act (Alberta)

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On October 19, 2017

In Administrative Law, Municipal Law

By: Shaun Fluker

PDF Version: A Closer Look at Leave to Appeal Requirements Under the Municipal Government Act (Alberta)

Case Commented On: Arctos & Bird Management Ltd v Banff (Town), 2017 ABCA 300 (CanLII)

This is a decision by Justice Barbara Veldhuis to deny the applicant leave to appeal an approval for development of lands in the Town of Banff. Statutory leave to appeal decisions such as this rarely attract legal commentary because no substantive law is decided. These decisions result from an application before a justice in chambers from a person who seeks permission to proceed with a substantive appeal of an administrative decision. Nonetheless, I have been studying these leave to appeal decisions to better understand the basis upon which superior courts decide whether to hear an appeal from an administrative decision. Arctos & Bird Management provides me with an opportunity to add to the findings Drew Yewchuk and I previously disseminated on ABlawg in “Seeking Leave to Appeal a Statutory Tribunal Decision: What Principles Apply?” (“Seeking Leave”).

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Apply … Deny … Repeat: A Victim of Crime Story

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On September 22, 2017

In Administrative Law

By: Shaun Fluker

PDF Version: Apply … Deny … Repeat: A Victim of Crime Story

Case Commented On: Johnson v Alberta Criminal Injuries Review Board, 2017 ABCA 281 (CanLII)

This decision caught my attention because it reminded me of the movie Edge of Tomorrow wherein the main character lives the same day over and over fighting and dying in a repetitive time loop. Johnson v Alberta Criminal Injuries Review Board concerns an application by Johnson for a financial award under the Victims of Crime Act, RSA 2000 c V-3 as compensation for an injury he sustained as the victim of a stabbing. His initial 2010 application for compensation has been considered in numerous administrative adjudications under the Act and judicial scrutiny, and this most recent decision by the Court of Appeal sends it back for yet one more consideration. It is an interesting glimpse into a repetitive loop formed within an administrative regime, and the case also demonstrates why judicial oversight over the exercise of statutory power is an essential component of our legal system.

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Buterman’s Appeal on the Issue of Settlements Dismissed: Was that Reasonable?

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On July 31, 2017

In Administrative Law, Human Rights

By: Linda McKay-Panos

PDF Version: Buterman’s Appeal on the Issue of Settlements Dismissed: Was that Reasonable?

Cases Commented On: Buterman v St. Albert Roman Catholic Separate School District No. 734, 2017 ABCA 196 (CanLII) (Buterman, ABCA); Buterman v Board of Trustees of the Greater St. Albert Roman Catholic Separate School District No. 734, 2016 ABQB 159 (CanLII) (Buterman, ABQB 2016)

Jan Buterman wants to have a public airing on the merits of his human rights complaint, but he seems to have been stymied again. The current matter involves two appeals of decisions of the Alberta Human Rights Tribunal (AHRT) on preliminary matters. Hearings on procedural aspects of Buterman’s case have been going on for eight years. The last two cases deal with procedural aspects of the case, and also focus on the standard of review of the procedural decisions made by the AHRT.

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Justice for Some

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On April 13, 2017

In Administrative Law, Ethics and the Legal Profession

By: Alice Woolley

PDF: Justice for Some

Case Commented on: Green v Law Society of Manitoba, 2017 SCC 20 (CanLII)

Introduction (AKA: A General Complaint About Injustice)

On March 30, 2017 the Supreme Court issued its judgment in Green v. Law Society of Manitoba, 2017 SCC 20 (CanLII).

Rarely have so many judicial resources been spent on a case worthy of so little.

Sidney Green was called to the bar of Manitoba in 1955. In 2011, the Law Society of Manitoba introduced a requirement that all lawyers complete 12 hours of professional development a year. Mr. Green refused to participate. He said that “the CPD activities available to him would not have been helpful to him in his practice” (at para 48). The CEO of the Law Society of Manitoba sent Mr. Green a letter “notifying him that if he did not comply with the Rules within 60 days, he would be suspended from practising law” (at para 10). The CEO also told him, however, that Mr. Green should let the Law Society know if it had made a mistake, and if he needed more than 60 days that period could be extended (at para 10). Mr. Green still did not complete his professional development. Instead he sought judicial review and retained Charles Huband, formerly of the Manitoba Court of Appeal (1979-2007), to assist him.

Mr. Green’s application was unsuccessful at the Manitoba Court of Queen’s Bench (2014 MBQB 249 (CanLII)). It was unsuccessful at the Manitoba Court of Appeal (2015 MBCA 67 (CanLII)). The Supreme Court nonetheless granted leave.

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Jurisdictional Matters Concerning Environmental Protection Orders Under the Environmental Protection and Enhancement Act

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On April 5, 2017

In Administrative Law, Appellate Practice, Environmental

By: Shaun Fluker

PDF Version: Jurisdictional Matters Concerning Environmental Protection Orders Under the Environmental Protection and Enhancement Act

Case Commented On: Director (EAP) v Alberta (Provincial Court), 2017 ABQB 3 (CanLII)

During April and May of 2010 a significant gasoline spill occurred at a gas station located at 6336 Bowness Road in Calgary. The underground petroleum plume spread to adjacent properties, and in December 2010 the Director of Alberta Environment issued a remediation order under the Environmental Protection and Enhancement Act, RSA 2000, c E-12 (EPEA). The site is now an empty lot, and while remediation activities have been conducted there is disagreement on whether the property is fully cleaned up. Metaphorically speaking, this petroleum plume also spread to the Alberta legal system. A preliminary search in preparation for writing this comment revealed no less than 10 decisions concerning the spill: (1) the Director’s December 2010 remediation order; (2) a December 2011 decision by the Alberta Environmental Appeals Board concerning an appeal of the December 2010 remediation order (Gas Plus Inc and Handel Transport v Director (Alberta Environment), Appeals No 10-034, 11-002, 008 & 023R; (3) a revised remediation order issued in January 2012 incorporating the Board’s recommendations; (4) an Order of the Court of Queen’s Bench issued in December 2012 concerning the January 2012 revised remediation order; (5) 2 interlocutory decisions by the Court of Queen’s Bench in relation to civil proceedings concerning the spill (Floate v Gas Plus, 2015 ABQB 545 (CanLII) and Floate v Gas Plus, 2015 ABQB 725 (CanLII)); (6) a decision by the Calgary Development Authority to deny a permit to construct a new gas station on the site and a March 2015 decision by the Calgary Subdivision and Development Appeal Board dismissing an appeal of the development decision (Re SDAB2014-0146, 2014 CGYSDAB 146 (CanLII)); and (7) a decision issued in January 2017 by the Honourable Mr Justice P.R. Jeffrey quashing a mediation order issued by the Honourable Judge H.A. Lamoureux in relation to the dispute over remediation. This comment examines this most recent decision by Justice Jeffrey in Director (EAP) v Alberta (Provincial Court), 2017 ABQB 3 (CanLII), which addresses jurisdictional matters concerning environmental protection orders under EPEA and the inherent authority of the court.

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