AKINNAWONU v COLLEGE OF PHYSICIANS AND SURGEONS OF ALBERTA

The Applicant psychiatrist applied for a Stay of Enforcement of a decision made by an officer of the Respondent pending the determination of his Appeal from the dismissal of his Application for Judicial Review.

The Applicant relied on Rule 14.48, which allows Applications to stay proceedings or the enforcement of a decision pending appeal. However, the Court clarified that Rule 14.48 is intended to address stays of decisions that are themselves under appeal before the Court of Appeal. It does not automatically grant jurisdiction to stay underlying administrative decisions that are not the direct subject of the appeal.

The Court found that the Applicant was effectively seeking to stay the same referral decision he had previously challenged and was repeating arguments already denied at multiple levels. Applying the three-part RJR-Macdonald test for a stay, Antonio J.A. concluded that a stay was not warranted. The Court emphasized that judicial intervention in ongoing administrative proceedings is generally discouraged, as it can add significant costs, cause delays, and waste judicial resources. Furthermore, the Court highlighted the public interest in allowing professional regulatory bodies to perform their legislated disciplinary functions without being disrupted by interlocutory challenges.

In the result, the Application was denied and the Respondent was awarded double costs.