Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38736
Marilyn Fitzpatrick v. College of Physical Therapists of Alberta now known as Physiotherapy Alberta College & Association
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2020-03-13 | Close file on Leave | |
| 2020-03-13 | Certificate of taxation issued to, James T. Casey, Q.C. | |
| 2020-03-13 | Decision on the bill of costs, in the amount of $1,279.19, Reg | |
| 2020-03-13 | Submission of the bill of costs, Reg | |
| 2019-12-03 | Bill of costs, (Letter Form), Completed on: 2019-12-03 | College of Physical Therapists of Alberta now known as Physiotherapy Alberta College & Association |
| 2019-11-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-11-29 | Judgment on leave sent to the parties | |
| 2019-11-28 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1701-0266-AC, 2019 ABCA 254, dated June 21, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2019-10-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-08-27 | Notice of name, (Letter Form) | College of Physical Therapists of Alberta now known as Physiotherapy Alberta College & Association |
| 2019-08-27 | Certificate (on limitations to public access), (Letter Form), 23A | College of Physical Therapists of Alberta now known as Physiotherapy Alberta College & Association |
| 2019-08-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-08-27 | College of Physical Therapists of Alberta now known as Physiotherapy Alberta College & Association |
| 2019-08-01 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED AUGUST 1, 2019 | |
| 2019-07-26 | Certificate (on limitations to public access), (Letter Form), 23A | Marilyn Fitzpatrick |
| 2019-07-26 | Application for leave to appeal, (Book Form), Completed on: 2019-08-01 | Marilyn Fitzpatrick |
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 |
|---|---|---|
| Fitzpatrick, Marilyn | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| College of Physical Therapists of Alberta now known as Physiotherapy Alberta College & Association | Respondent | Active |
Counsel
Party: Fitzpatrick, Marilyn
Counsel
300, 444 - 5th Avenue SW
Calgary, Alberta
T2P 2T8
Telephone: (403) 221-8333
FAX: (403) 221-8339
Email: nanderson@ajmbarristers.com
Party: College of Physical Therapists of Alberta now known as Physiotherapy Alberta College & Association
Counsel
2500, 10175 - 101 Street NW
Edmonton, Alberta
T5J 0H3
Telephone: (780) 423-7615
FAX: (780) 428-9329
Email: jcasey@fieldlaw.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Summary
Keywords
Administrative law — Boards and tribunals — Regulatory board — Privacy — Reasonable apprehension of bias — Whether provincial regulatory associations are permitted to review the unredacted health and financial records of a regulated practitioner’s patients, without patient consent — Whether the Court of Appeal erred in applying the test for apprehension of bias.
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.
This is the third in a series of cases over an eleven year period to appear before the Alberta Court of Appeal involving the same parties. In 2008 a complaint was made against the applicant alleging she misdiagnosed clients and had improper communication with legal counsel. A hearing tribunal rendered its decision in 2011, finding the applicant guilty of some charges while dismissing others. Appeals to an appeal panel and then the Alberta Court of Appeal were allowed with the Court of Appeal sending the case back to the hearing panel for reconsideration of an appropriate sanction. In 2013 the hearing panel provided new sanctions which were again appealed to an appeal panel and the Alberta Court of Appeal. The Court of Appeal made minor modifications but otherwise affirmed the sanctions. Over the following months, the applicant allegedly did not abide by some of the sanctions. A new complaint was made against Ms. Fitzpatrick and the hearing tribunal determined that the applicant was guilty of unprofessional conduct for failing to comply with the 2013 sanctions and failing to cooperate with an investigator. This decision was appealed to an appeal panel and the Court of Appeal, both of which dismissed the appeals.
Lower court rulings
College of Physical Therapists of Alberta
None
Appeal dismissed.
Court of Appeal of Alberta (Calgary)
1701-0266-AC, 2019 ABCA 254
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.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
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.
Downloadable PDFs
Not available