HE v APEGA APPEAL BOARD, 2019 ABCA 298
3.74: Adding, removing or substituting parties after close of pleadings
14.57: Adding, removing or substituting parties to an appeal
A regulated member of the Association of Professional Engineers and Geoscientists of Alberta (“APEGA”) was the subject of disciplinary proceedings. He appealed the findings of APEGA’s Appeal Board to the Court of Appeal. By virtue of the Engineering and Geoscience Professions Act, RSA 2000, c E-11 (the “Act”), the Appeal Board was named as a Respondent. The Appeal Board then applied to add APEGA’s Investigative Committee as an additional Respondent, pursuant to Rule 14.57, which Rule incorporates Rule 3.74 into appellate procedure.
The regulated member resisted addition of the Investigative Committee, arguing that the Appeal Board was the only Respondent named in the Act. Justice Khullar found that the Act did not go so far as to direct that the Appeal Board be the only Respondent and noted that the Appeal Board’s participation in the Appeal was significantly circumscribed given the general rule that an adjudicative tribunal is prohibited from making arguments in support of its own decision in a statutory Appeal. The Court ordered the addition of the Investigative Committee as a Respondent to the Appeal, as it would not cause the regulated member prejudice, and would ensure an adversarial process.View CanLII Details