3.24: Additional remedies on judicial review

Case Summary

The Applicant was seeking recovery of unpaid compensation under a surface lease agreement with an oil producer. The Tribunal awarded compensation to the Applicant in respect of his claim, but for only half of the amount owing. The Applicant argued that this award was unreasonable and sought Judicial Review.

Carruthers J. noted that ordinarily, having found that an administrative decision is unreasonable, the reviewing Court should, under Rule 3.24, remit the matter for rehearing. However, citing Telus Communications Inc v Telecommunications Workers Union, 2014 ABCA 199, Carruthers J. commented that the reviewing Court may issue a Decision on the merits if “ light of the circumstances and the evidence in the record, only one interpretation or solution is possible, that is, where any other interpretation or solution would be unreasonable”.

Carruthers J. found that the Applicant’s particular circumstances were not properly considered by the Tribunal, and that there did not appear to be any reason to find that full compensation was unjustified, patently absurd, or provided unjust enrichment. As such, the Court found that there was little utility in remitting the matter back to the Tribunal, and found that the Tribunal should have awarded the Applicant full compensation.

View CanLII Details