Alberta v. McGeady et al.,

• Judge: Costigan,Paperny,Ross
• Neutral Citation: 2015 ABCA 54
• Citation: (2015), 593 A.R. 147,2015 ABCA 54,593 AR 147,(2015), 593 AR 147,593 A.R. 147
• Date: 09 January 2015
• Court: Court of Appeal (Alberta)

Alta. v. McGeady (2015), 593 A.R. 147; 637 W.A.C. 147 (CA)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. MR.003

Her Majesty the Queen in Right of the Province of Alberta (respondent/applicant) v. Dennis McGeady and the Alberta Union of Provincial Employees (appellants/respondents) and The Long Term Disability Second Level Appeal Board, and Great-West Life Assurance Company (not a party to the appeal/respondents)

(1403-0074-AC; 2015 ABCA 54)

Indexed As: Alberta v. McGeady et al.

Alberta Court of Appeal

Costigan and Paperny, JJ.A., and Ross, J.(ad hoc)

January 9, 2015.

Summary:

The Province of Alberta applied for an order quashing a decision of the Long Term Disability Second Level Appeal Board which awarded long term disability benefits to an employee.

The Alberta Court of Queen's Bench, in a decision reported at (2014), 585 A.R. 311, allowed the application and set aside the Board's decision. The employee appealed.

The Alberta Court of Appeal dismissed the appeal.

Administrative Law - Topic 3202

Judicial review - General - Scope or standard of review - [See Equity - Topic 602 ].

Administrative Law - Topic 5013

Judicial review - Certiorari - Grounds for granting certiorari - Disregard or misinterpretation of a statute or law - [See Equity - Topic 602 ].

Administrative Law - Topic 8928

Boards and tribunals - Powers - Statutory powers of decision - Limitations - [See Equity - Topic 602 ].

Crown - Topic 5270

Officials and employees - Pension benefits - Disability pensions - [See Equity - Topic 602 ].

Equity - Topic 602

Equitable jurisdiction - General - Exercise of - The Long Term Disability Second Level Appeal Board awarded long term disability benefits to an employee - The Board determined that it did not have the statutory authority under s. 6(1) of the Public Service Long Term Disability Continuance Plan Regulation to award disability benefits in these circumstances - Nevertheless, it concluded that it had the power to apply an equitable doctrine to relieve against the language and effect of the Regulation - The Province of Alberta sought an order quashing the Board's decision - The Alberta Court of Queen's Bench allowed the application - The employee appealed - The Alberta Court of Appeal dismissed the appeal - The reviewing judge had concluded that the Board's authority to apply equitable doctrines was a broad question of the tribunal's authority and was therefore a question of true jurisdiction - However, the analysis also required statutory interpretation of the Board's own legislation to determine its authority - The better approach was that in making benefit eligibility decisions, the standard of review of the Board's decision was reasonableness - Therefore, the question was whether it was reasonable for the Board to find that it had authority to relieve against the provisions of s. 6(1) - The employee was factually disentitled to long-term disability under the Regulation - Given the narrow language of that statute, any remedy in these circumstances was in direct conflict with the words in the statute and therefore unreasonable.

Cases Noticed:

Alberta Teachers' Association v. Information and Privacy Commissioner (Alta.) et al., [2011] 3 S.C.R. 654; 424 N.R. 70; 519 A.R. 1; 539 W.A.C. 1; 2011 SCC 61, refd to. [para. 3].

National Gallery of Canada v. Canadian Artists' Representation et al. (2014), 458 N.R. 233; 371 D.L.R.(4th) 383; 2014 SCC 42, refd to. [para. 3].

Statutes Noticed:

Public Service Act Regulations (Alta.), Public Service Long Term Disability Continuance Plan Regulation, sect. 6(1) [para. 1].

Public Service Long Term Disability Continuance Plan Regulation - see Public Service Act Regulations (Alta.).

Counsel:

N.A. Pfeifer, for the respondent;

M.J. Field, for the appellants.

This appeal was heard on January 9, 2015, before Costigan and Paperny, JJ.A., and Ross, J.(ad hoc), of the Alberta Court of Appeal. The following memorandum of judgment of the Court of Appeal was delivered orally from the bench by Paperny, J.A., on January 9, 2015, and was filed on February 6, 2015.