689799 ALBERTA LTD v EDMONTON (CITY), 2018 ABCA 212
COSTIGAN, MCDONALD AND WAKELING JJA
14.4: Right to appeal
The Appellant, the City of Edmonton, appealed a Decision of the Alberta Land Compensation Board (the “Board”). A preliminary issue on Appeal was the Board’s jurisdiction (or lack thereof) to consider and make determinations on issues of settlement privilege. Both the majority of the Appeal panel and McDonald J.A. in dissent determined that the legislation and the rulings of the Supreme Court of Canada conferred jurisdiction on the Board to consider and determine issues of settlement privilege. The Court considered the general rule that the Court of Appeal will not hear Appeals from interlocutory Orders of boards or tribunals save for exceptional circumstances. The Court considered the Appeal to be of an exceptional nature and agreed that the Court of Appeal should hear the Appeal. In dissent, McDonald J.A. likened the Appeal to an Appeal from a case management ruling, and noted that Rule 14.4(1) allows the Court of Appeal to hear Appeals from Orders arising from case management or chambers proceedings.
The majority held that the Board had made no reviewable error in its Decision regarding settlement privilege, and dismissed the Appeal. MacDonald J.A. held that the Board had made a reviewable error in its Decision, and would have allowed the Appeal.View CanLII Details