Case information
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36557
Maria C. Erdmann v. Complaints Inquiry Committee of the Institute of Chartered Accountants of Alberta
(Alberta) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-04-12 | Close file on Leave | |
| 2016-04-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-04-08 | Judgment on leave sent to the parties | |
| 2016-04-07 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response to the application for leave to appeal is granted. The motion to seal certain documents is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1403-0200-AC, 2015 ABCA 199, dated June 8, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2016-04-07 |
Decision on motion to seal Dismissed |
|
| 2016-04-07 |
Decision on motion to extend time Granted |
|
| 2016-02-29 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2016-02-29 | Submission of motion to extend time, Cro Wa Côt | |
| 2016-02-29 | Submission of motion to seal, Cro Wa Côt | |
| 2016-02-23 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-02-23, (Electronic version filed on 2016-02-23) | Maria C. Erdmann |
| 2016-02-12 | Motion to extend time, (Letter Form), Completed on: 2016-02-12, (Electronic version filed on 2016-02-12) | Complaints Inquiry Committee of the Institute of Chartered Accountants of Alberta |
| 2016-02-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-02-22, (Electronic version filed on 2016-02-10) | Complaints Inquiry Committee of the Institute of Chartered Accountants of Alberta |
| 2016-02-10 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-02-10) | Maria C. Erdmann |
| 2016-02-08 | Supplemental document, (Letter Form), (Electronic version filed on 2016-02-08) | Maria C. Erdmann |
| 2015-12-18 | Correspondence received from, (Letter Form), Change of address | Maria C. Erdmann |
| 2015-12-01 | Correspondence received from, Ms. Erdmann rec'd by email re: advising the Court that she is going back to Court of Queen's Bench on 2015-12-16 | Maria C. Erdmann |
| 2015-11-09 | Supplemental document, (Letter Form), copies of an originating application and a Corporation search | Maria C. Erdmann |
| 2015-11-09 | Correspondence received from, (Letter Form), Supplemental memorandum will be filed later this week, (Electronic version filed on 2015-11-09) | Maria C. Erdmann |
| 2015-11-04 | Correspondence received from, (Letter Form), Ms. Erdmann re: requesting to file a supplemental affidavit, (Electronic version filed on 2015-11-04) | Maria C. Erdmann |
| 2015-10-15 | Supplemental document, (Letter Form), Supplemental memorandum | Maria C. Erdmann |
| 2015-09-21 | Correspondence received from, Ms. Erdmann re: email exchange betheen Ms. Erdmann and AGC (cannot provide legal advice) | Maria C. Erdmann |
| 2015-08-19 | Correspondence received from, Hearing of the Institute of Chartered Accountants of Al berta | Maria C. Erdmann |
| 2015-08-19 | Letter advising parties of an incomplete application for leave to appeal, (File Open) | |
| 2015-08-12 | Letter acknowledging receipt of an application for leave to appeal | |
| 2015-08-11 | Certificate (on limitations to public access), (Letter Form), (Included in the application for leave to appeal) | Maria C. Erdmann |
| 2015-08-11 | Motion to seal, (Book Form), (Included in the application for leave to appeal), Completed on: 2015-08-11 | Maria C. Erdmann |
| 2015-08-11 | Application for leave to appeal, (Book Form), CA order rec'd 2015-08-27 - TAB 9 TO 11 ARE SEALED, Completed on: 2015-08-28 | Maria C. Erdmann |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Erdmann, Maria C. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Complaints Inquiry Committee of the Institute of Chartered Accountants of Alberta | Respondent | Active |
Counsel
Party: Erdmann, Maria C.
This party is not represented by counsel.
Party: Complaints Inquiry Committee of the Institute of Chartered Accountants of Alberta
Counsel
Nigel Forester
2300, 10180 - 101 Street
Edmonton, Alberta
T5J 4R2
Telephone: (780) 426-5550
FAX: (780) 426-1405
Email: gmckenzie@bmllp.ca
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(SEALING ORDER)
Charter of Rights — Courts — Judges — Administrative law — Boards and Tribunals — Institute of Chartered Accountants of Alberta — Jurisdiction — Whether Court of Appeal judge should have recused himself — Whether the Complaints Inquiry committee of the Institute lost jurisdiction — Whether the allegations against the applicant were criminal in nature — Whether the Institute violated the applicant’s Charter rights and freedoms.
Ms. Erdmann was a chartered accountant and a registered member of the Respondent Institute of Chartered Accountants of Alberta (the “Institute”). In 2010, she was disciplined for unprofessional conduct; sanctions were imposed and she was ordered to pay the full costs of the hearing. On appeal, the fine was upheld, the costs awarded were reduced, and specific costs were awarded in relation to the appeal. Her appeal to the Court of Appeal was dismissed, as was her application for leave to appeal (SCC File No. 36503).
When the fine and the first installments of costs came due, Ms. Erdmann did not pay or arrange an alternative payment schedule. The matter was remitted to the Appeal Tribunal, which accepted written submissions from Ms. Erdmann and the Institute. Although the Appeal Tribunal recognized that the original conduct was not serious enough to warrant suspension or cancellation of Ms. Erdmann’s registration, it found that she could not maintain her registration while defying the order of the Appeal Tribunal, and cancelled her registration. The Court of Appeal dismissed her appeal and her motion to adduce new evidence.
Lower court rulings
Court of Appeal of Alberta (Edmonton)
1403-0200-AC, 2015 ABCA 199
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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