Dodd v. Registrar of Motor Vehicle Services (Alta.), 2010 ABQB 506

• Judge: Graesser, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: April 09, 2010
• Citations: 2010 ABQB 506;(2010), 500 A.R. 38 (QB)

Dodd v. Reg. of Motor Vehicle (2010), 500 A.R. 38 (QB)

MLB headnote and full text

Temp. Cite: [2010] A.R. TBEd. AU.008

Gurnam Singh Dodd (applicant) v. The Registrar of Motor Vehicle Services of Alberta (respondent)

(0903 20323; 2010 ABQB 506)

Indexed As: Dodd v. Registrar of Motor Vehicle Services (Alta.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Graesser, J.

July 30, 2010.

Summary:

Dodd sought judicial review of a decision of the Alberta Transportation Safety Board that denied his appeal from the suspension of his driver examination licence by the Registrar of Motor Vehicle Services for Alberta Transportation.

The Alberta Court of Queen's Bench allowed the application. The Board failed to meet the duty of fairness required of it to provide adequate reasons. The decision was therefore quashed and remitted to the Board to provide adequate reasons.

Administrative Law - Topic 547

The hearing and decision - Decisions of the tribunal - Reasons for decisions - When required - Dodd sought judicial review of a decision of the Alberta Transportation Safety Board that denied his appeal from the suspension of his driver examination licence by the Registrar of Motor Vehicle Services for Alberta Transportation - The Alberta Court of Queen's Bench allowed the application - The Board failed to meet the duty of fairness required of it to provide adequate reasons - The suspension of an individual's licence to work at his chosen calling had important significance for that individual - Thus adequate reasons were required to be given by the Board - There was an absence of any analysis of Dodd's arguments in the Board's reasons for decision - Adequate reasons were the quid pro quo for deference to an administrative body by a reviewing court - The decision was quashed and remitted to the Board to provide adequate reasons.

Administrative Law - Topic 549

The hearing and decision - Decisions of the tribunal - Reasons for decisions - Sufficiency of - [See Administrative Law - Topic 547 ].

Administrative Law - Topic 2155

Natural justice - Administrative decisions or findings - Effect of failure of tribunal or official to give reasons for decisions (incl. sufficiency of reasons) - [See Administrative Law - Topic 547 ].

Administrative Law - Topic 7503

Delegated powers - General - Delegation - What constitutes - Dodd sought judicial review of a decision of the Alberta Transportation Safety Board that denied his appeal from the suspension of his driver examination licence by the Registrar of Motor Vehicle Services for Alberta Transportation - He argued that the suspension powers given to the Registrar under the Traffic Safety Act amounted to an improper delegation of powers by the legislature to an administrative delegate because there were no limits on the term of any suspension that might be imposed - The Alberta Court of Queen's Bench rejected the argument - As the Registrar's powers expressly included the right to cancel licenses, it seemed logical that any discipline short of cancellation was not an improper delegation of power - See paragraphs 21 and 22.

Cases Noticed:

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1, refd to. [para. 26].

Khosa v. Canada (Minister of Citizenship and Immigration), [2009] 1 S.C.R. 339; 385 N.R. 206; 2009 SCC 12, refd to. [para. 26].

Juneja et al. v. Registrar of Motor Vehicle Services (Alta.) (2008), 459 A.R. 348; 2008 ABQB 573, refd to. [para. 27].

Furst v. Alberta Motor Vehicle Industry Council et al. (2008), 455 A.R. 226; 2008 ABQB 530, refd to. [para. 29].

Johnson v. Superintendent of Motor Vehicles (B.C.) et al., [2002] B.C.T.C. 89; 98 B.C.L.R.(3d) 140; 2002 BCSC 89, refd to. [para. 35].

Florence Mining Co. v. Cobalt Lake Mining Co. (1909), 18 O.L.R. 275 (C.A.), refd to. [para. 38].

Wells v. Newfoundland and Board of Commissioners of Public Utilities (Nfld.), [1999] 3 S.C.R. 199; 245 N.R. 275; 180 Nfld. & P.E.I.R. 269; 548 A.P.R. 269, refd to. [para. 38].

Authorson v. Canada (Attorney General), [2003] 2 S.C.R. 40; 306 N.R. 335; 175 O.A.C. 363; 2003 SCC 39, refd to. [para. 38].

Victoria Times Colonist v. Communications, Energy and Paperworkers Union of Canada, Local 25-G et al. (2009), 272 B.C.A.C. 141; 459 W.A.C. 141; 2009 BCCA 229, refd to. [para. 38].

Canadian Union of Public Employees, Local 963 v. New Brunswick Liquor Corp., [1979] 2 S.C.R. 227; 26 N.R. 341; 25 N.B.R.(2d) 237; 51 A.P.R. 237, refd to. [para. 38].

Ryan v. Law Society of New Brunswick, [2003] 1 S.C.R. 247; 302 N.R. 1; 257 N.B.R.(2d) 207; 674 A.P.R. 207, refd to. [para. 40].

Law Society of Upper Canada v. Neinstein (2010), 259 O.A.C. 313; 99 O.R.(3d) 1; 2010 ONCA 193, refd to. [para. 54].

Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; 243 N.R. 22, refd to. [para. 56].

Counsel:

Shawn Beaver (Taylor Beaver LLP), for the applicant;

Shelley J. MacDonald, Alberta Justice, for the respondent;

Fiona Moore (Shores Jardine LLP), for the Alberta Transportation Safety Board.

This application was heard on April 9, 2010, before Graesser, J., of the Alberta Court of Queen's Bench, Judicial Centre of Edmonton, who delivered the following reasons for judgment on July 30, 2010.