Case information

Administrative law — Boards and tribunals — Jurisdiction — Quorum — Judicial Review —Standards of review — Whether appeal tribunal met quorum requirement of s. 23(9) of Horse Racing Alberta Act, RSA 2000, c. H 11.3 and in accordance with ss. 20(7) and (8) of Interpretation Act, RSA 2000, c. I 8 — Whether appeal tribunal could reasonably conclude a Ministerial Order permitted former member of appeal tribunal to count toward quorum requirement — Standard of review applicable to interpretation of legislative quorum requirements.

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A horse owned by Rollingson Racing Stables Ltd. and others finished in first place at the Canadian Derby in 2017. A Board of Stewards dismissed a complaint alleging disqualifying interference brought by Harold W. Veale Professional Corporation. Harold W. Veale Professional Corporation appealed to an Appeal Tribunal established under the Horse Racing Alberta Act, RSA 2000, c. H 11.3. Two members of the Appeal Tribunal constitute a quorum under s. 23(9) of the Horse Racing Alberta Act. Two members heard the appeal and reserved their decision. One member’s appointment to the Appeal Tribunal was rescinded while the decision was under reserve. The Minister of Finance later issued a Ministerial Order permitting that member to participate in the delivery of decisions, including the preparation of written reasons, in appeals that she had heard while a member. The Appeal Tribunal released a decision declaring the Rollingson Racing Stables Ltd.’s horse disqualified and Harold W. Veale Professional Corporation’s horse a joint winner of the derby. The Court of Queen’s Bench dismissed an application for judicial review and the Court of Appeal dismissed an appeal.