Case considered: Dunsmuir v. New Brunswick, 2008 SCC 9
PDF version: After Dunsmuir: The Alberta Court of Appeal’s Identification and Application of Standard of Review May 2008-May 2009
For a recent session of the Canadian Bar Association’s administrative law sub-section we reviewed Alberta Court of Appeal decisions with respect to the use of Dunsmuir v. New Brunswick, 2008 SCC 9 from May 2008 to May 2009. Here we share some preliminary analysis from our findings.
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 to appeal an Energy Resources Conservation Board (ERCB) decision on questions of law or jurisdiction pursuant to section 41 of the Energy Resources Conservation Act, R.S.A. 2000, c. E-10 (ERCA). In Berger v. Alberta (Energy Resources Conservation Board), Mr. Justice Frans Slatter denies a request from several applicants for leave to appeal a December 2008 ERCB approval issued to Highpine Oil and Gas to drill 3 sour gas wells in Parkland County west of Edmonton (ERCB decision 2008-135).
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. Dr. Bishop appealed the decision to a panel of the Council of the Alberta College of Optometrists (the “Council”) and to the Court of Appeal, both of which upheld the decision, largely on factual grounds.
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), 2006 SCC 4, the Supreme Court of Canada held that the Alberta Energy and Utilities Board (EUB, now the Alberta Utilities Commission) had no jurisdiction to allocate proceeds on the sale of a utility asset to ratepayers where the sale of that asset resulted in no harm to ratepayers in terms of either rates or service. For a bare majority of the Court, Justice Bastarache held that the rights to assets rest without qualification with the utility.
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, c. H-2. Section 9(1) of the Act provides for the establishment of committees to govern each health discipline, and subsections (3) and (4) provide that a majority of the members of each committee shall either be engaged or registered in that discipline (whichever applies). Regulatory oversight of those committees is then provided by the Health Disciplines Board.
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