Oommen v. Law Enforcement Review Board (Alta.) et al., 2011 ABCA 141

• Judge: Berger, J.A.
• Court: Court of Appeal (Alberta)
• Case Date: April 28, 2011
• Citations: 2011 ABCA 141;(2011), 502 A.R. 287 (CA)

Oommen v. LERB (2011), 502 A.R. 287 (CA);

      517 W.A.C. 287

MLB headnote and full text

Temp. Cite: [2011] A.R. TBEd. MY.045

Paul Oommen (applicant/appellant) v. Law Enforcement Review Board and Constable Cory Buerger (Reg. #2055)

(respondents/respondents)

(1003-0137-AC; 2011 ABCA 141)

Indexed As: Oommen v. Law Enforcement Review Board (Alta.) et al.

Alberta Court of Appeal

Berger, J.A.

May 9, 2011.

Summary:

Oommen applied for leave to appeal from a decision of the Law Enforcement Review Board in which it upheld a decision of the Acting Chief of the Edmonton Police Service to dismiss a complaint made against Constable Buerger for neglect of duty.

The Alberta Court of Appeal, per Bielby, J.A., in a decision reported at [2010] A.R. Uned. 455, dismissed the application. Oommen applied for leave to appeal.

The Alberta Court of Appeal, per Berger, J.A., dismissed the application.

Practice - Topic 8887

Appeals - Leave to appeal - Appeal from grant or denial of application for leave - Oommen applied for leave to appeal from a decision of the Law Enforcement Review Board in which it upheld a decision of the Acting Chief of the Edmonton Police Service to dismiss a complaint made against Constable Buerger for neglect of duty - Bielby, J.A., dismissed the application - Oommen applied for leave to appeal - The Alberta Court of Appeal, per Berger, J.A., dismissed the application - Rule 505(6) had no application where the governing statute provided for a single application for leave to appeal a tribunal's decision - Bielby, J.A., reviewed the factual underpinnings - Mindful of the thrust of Oommen's submissions, she was unable to conclude that his intended appeal had a reasonable prospect of success - In so holding, the court was unable to discern on the face of the record any legal error on her part, nor any misapprehension of the facts - It followed that the application for leave to appeal the decision of Bielby, J.A., had to be dismissed.

Cases Noticed:

Prefontaine v. Minister of National Revenue (2001), 293 A.R. 369; 257 W.A.C. 369; 2001 ABCA 288, refd to. [para. 5].

Liu v. Tangirala et al. (2005), 371 A.R. 71; 354 W.A.C. 71; 2005 ABCA 243, refd to. [para. 5].

Grabowski v. Bodnar et al., [2007] A.R. Uned. 546; 2007 ABCA 305, refd to. [para. 8].

R. v. Johnson (O.) (2001), 281 A.R. 368; 248 W.A.C. 368; 2001 ABCA 161, refd to. [para. 9].

Western Securities Ltd. et al. v. Foothills No. 31 (Municipal District) et al. (1981), 35 A.R. 480 (C.A.), refd to. [para. 10].

Counsel:

S.P. McDonough, for the respondent, Law Enforcement Review Board;

M.Y. Sallaberry, for the respondent, Constable Cory Buerger;

The applicant appeared in person.

This application was heard on April 28, 2011, by Berger, J.A., of the Alberta Court of Appeal, who delivered the following reasons for decision on May 9, 2011.