Case information
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40362
Ignacio Tan III v. Alberta Veterinary Medical 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) |
|---|---|---|
| 2023-12-11 | Close file on Leave | |
| 2023-12-11 | Correspondence (sent by the Court) to, parties, Re: certificate of taxation | |
| 2023-12-05 | Certificate of taxation issued to, Karen A. Smith | |
| 2023-12-05 | Decision on the bill of costs, in the amount of $1,107.80, Reg | |
| 2023-12-05 | Submission of the bill of costs, Reg | |
| 2023-09-01 | Bill of costs, Completed on: 2023-12-07 | Alberta Veterinary Medical Association |
| 2023-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-30 | Judgment on leave sent to the parties | |
| 2023-03-30 |
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 (Edmonton), Numbers 2103-0022AC and 2103-0102AC, 2022 ABCA 221, dated June 17, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-02-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-11-01 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-11-03, (Printed version filed on 2022-11-03) | Ignacio Tan III |
| 2022-10-24 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-10-31) | Alberta Veterinary Medical Association |
| 2022-10-24 | Notice of name, (Letter Form), (Printed version due on 2022-10-31) | Alberta Veterinary Medical Association |
| 2022-10-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-11-10, (Printed version due on 2022-10-31) | Alberta Veterinary Medical Association |
| 2022-09-27 | Correspondence received from, (Letter Form), Order form received, estimated filing date: 2022-10-07, (Printed version due on 2022-10-05) | Ignacio Tan III |
| 2022-09-23 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED: 2022-09-23 | |
| 2022-09-15 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2022-09-22) | Ignacio Tan III |
| 2022-09-15 |
Application for leave to appeal, (Book Form), Missing: - Signed judgment from the Alberta Court of Appeal (rec'd 2022-10-28), Completed on: 2022-10-31, (Printed version filed on 2022-09-22) |
Ignacio Tan III |
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 |
|---|---|---|
| Tan III, Ignacio | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alberta Veterinary Medical Association | Respondent | Active |
Counsel
Party: Tan III, Ignacio
Counsel
850-355 4th Avenue SW
Calgary, Alberta
T2P 0J1
Telephone: (587) 480-4000
Email: dgirard@dolden.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Alberta Veterinary Medical Association
Counsel
Nancy Tran
1700 Enbridge Centre
10175-101st Street NW
Edmonton, Alberta
T5J 0H3
Telephone: (780) 423-8500
FAX: (780) 423-2870
Email: ksmith@parlee.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Administrative law — Boards and tribunals — Alberta Veterinary Medical Association — Costs — Veterinarian found guilty of unprofessional conduct and sanctions ordered — Court of Appeal varying cost decisions — When are administrative tribunal decisions reasonable — When do administrative costs preclude access to justice.
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.
The applicant is a veterinarian. A dog was brought into clinic because of swelling underneath her left eye. A complaint was subsequently made to the respondent, Alberta Veterinary Medical Association (“AVMA”) respecting the dog’s treatment.
The Hearing Tribunal of the AVMA found the applicant guilty of six allegations of unprofessional conduct and ordered sanctions, including a reprimand, fines, continuing education courses and practice inspections.
The appeal to the Committee of Council of the AVMA was dismissed as the Hearing Tribunal’s decision was found to be reasonable.
Both the decision and cost award were appealed to the Court of Appeal. The Court of Appeal found the applicant had failed to show any reviewable error in the findings of unprofessional conduct and dismissed the main appeal. However, the Court of Appeal did find a reviewable error with respect to the award of costs and allowed the appeal in that respect only and ordered the applicant be responsible for only 50 percent of the costs.
Lower court rulings
Alberta Veterinary Medical Association
Applicant found guilty of six counts of unprofessional conduct and sanctions ordered.
Alberta Veterinary Medical Association
Decision and sanctions of Hearing Tribunal confirmed.
Alberta Veterinary Medical Association
Applicant ordered to pay 80 percent of total costs of appeal.
Court of Appeal of Alberta (Edmonton)
2022 ABCA 221, 2103-0022AC, 2103-0102AC
The appeal of the findings of unprofessional conduct dismissed. The appeal of the costs award allowed and applicant ordered to pay 50 percent of total costs of appeal.
Filed documents
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 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 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
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
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available