Category Archives: Administrative Law

Narrowing the prospect of obtaining leave to appeal an ERCB decision: The troublesome aspect of judicial deference

Case considered: Berger v. Alberta (Energy Resources Conservation Board), 2009 ABCA 158  PDF version: Narrowing the prospect of obtaining leave to appeal an ERCB decision: The troublesome aspect of judicial deference The Court of Appeal routinely decides applications for leave … Continue reading

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Does the Punishment Fit the “Crime”?

Case considered: Bishop v. Alberta College of Optometrists, 2009 ABCA 175 PDF version: Does the Punishment Fit the “Crime”? A hearing tribunal of the Alberta College of Optometrists found Dr. Donald Bishop guilty of professional misconduct due to billing infractions. … Continue reading

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A Rock and a Hard Place

Case considered: ATCO Gas and Pipelines Ltd. v. Alberta (Energy and Utilities Board), 2009 ABCA 171 PDF version: A Rock and a Hard Place In its 2006 decision in ATCO Gas and Pipelines Ltd. v. Alberta (Energy and Utilities Board), … Continue reading

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Encouraging Complaint Procedures in Professional Regulation

Case Considered: Acupuncture Committee v. Wanglin, 2009 ABCA 166 PDF version: Encouraging Complaint Procedures in Professional Regulation Oversight of health professionals in Alberta occurs through a modified form of self-regulation under the authority of the Health Disciplines Act, R.S.A. 2000, … Continue reading

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The protection of potable ground water through a purposive or objective approach to regulation

Case Considered: ERCB Decision 2009-029, CCS Corporation, Section 40 Review and Variance of Application No. 1515213, Class 1b Waste Disposal Scheme, Well 00/09-01-048-14W5M, Brazeau River, March 24, 2009 PDF version: The protection of potable ground water through a purposive or objective … Continue reading

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