AB v COLLEGE OF PHYSICIANS AND SURGEONS OF ALBERTA, 2021 ABCA 320
3.23: Stay of decision
14.48: Stay pending appeal
14.37: Single appeal judges
The Applicant brought an Application seeking to prevent the Registrar of the College of Physicians and Surgeons from carrying through on its decision (the “Decision”) to publish a statement on its public website about the Applicant.
Justice Wakeling found in favour of the Applicant that the Decision was inoperative until the Court of Appeal proceedings were completed. The Court of Appeal had yet to hear the Applicant’s Appeal regarding an entire Order of the Chambers Judge.
Justice Wakeling noted that Rule 14.37 stated that a single Appeal Judge may hear and decide an Application “incidental to an appeal.” The Court found this Application to be an “application incidental to an appeal.”
Justice Wakeling underscored that, pursuant to Rule 3.23, the Court may Stay the operation of a decision or act under an Originating Application for Judicial Review, pending final determination of the Originating Application.
The Court noted that Rule 14.48 did not assist the Applicant as the Court of Queen’s Bench had not made an Order that altered the legal status of a challenged statute. In sum, the Court of Appeal was persuaded that the Stay was appropriate pending the determination of the Appeal, as denying the Stay would cause the Applicant irreparable harm, in particular to his reputation, and would severely limit the value of a successful Appeal.View CanLII Details