Case information
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41379
Dr. Anthony Akinjide Akinnawonu v. College of Physicians and Surgeons of Alberta
(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) |
|---|---|---|
| 2024-12-13 | Close file on Leave | |
| 2024-12-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-12-12 | Judgment on leave sent to the parties | |
| 2024-12-12 |
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 2301-0249AC, 2024 ABCA 167, dated May 22, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-11-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-09-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-09-13, (Printed version filed on 2024-09-12) | Dr. Anthony Akinjide Akinnawonu |
| 2024-09-09 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-09-09) | College of Physicians and Surgeons of Alberta |
| 2024-09-09 | Notice of name, (Printed version filed on 2024-09-09) | College of Physicians and Surgeons of Alberta |
| 2024-09-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-09-09, (Printed version filed on 2024-09-09) | College of Physicians and Surgeons of Alberta |
| 2024-08-08 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-08-08 | Certificate (on limitations to public access), 23A | Dr. Anthony Akinjide Akinnawonu |
| 2024-08-08 | Application for leave to appeal, (Book Form), Completed on: 2024-08-08, (Printed version filed on 2024-08-08) | Dr. Anthony Akinjide Akinnawonu |
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 |
|---|---|---|
| Dr. Anthony Akinjide Akinnawonu | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| College of Physicians and Surgeons of Alberta | Respondent | Active |
Counsel
Party: Dr. Anthony Akinjide Akinnawonu
Counsel
3300, 205 5th Avenue SW
Calgary, Alberta
T2P 2V7
Telephone: (403) 407-2600
FAX: (403) 407-2601
Email: rpelletier@pelletierlitigation.ca
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: College of Physicians and Surgeons of Alberta
Counsel
Suite 2250, 10104 103 Avenue
Edmonton, Alberta
T5J 0H8
Telephone: (780) 448-9275
FAX: (780) 423-0163
Email: annabritt@shoresjardine.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Summary
Keywords
Administrative law — Judicial review — Procedure — Law of professions — Discipline —Physicians and surgeons — College of Physicians and Surgeons of Alberta receiving complaints concerning applicant psychiatrist — Complaints director referring complaints for hearing —Applicant seeking stay of complaint process pending judicial review of decision to refer matter for hearing — Stay application dismissed — Whether Canadian courts should be permitted to stay administrative disciplinary proceedings pending determination of application for judicial review — What rare and exceptional circumstances are required for courts to invoke supervisory jurisdiction over administrative processes — Health Professions Act¸ R.S.A. 2000, c. H-7, s. 66
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, Dr. Anthony Akinnawonu, is a psychiatrist. In 2020 and 2021, the respondent College of Physicians and Surgeons of Alberta (hereafter, “CPSA”) received complaints alleging that Dr. Akinnawonu had engaged in unprofessional conduct.
The CPSA complaints director appointed an investigator and, after receiving the investigator’s preliminary investigation report, referred the complaints for a hearing under s. 66(3)(a) of the Health Professions Act, R.S.A. 2000, c. H-7. A notice of hearing was issued.
Dr. Akinnawonu sought judicial review of the decision to refer the complaints to a hearing on the grounds that the investigation which gave rise to the notice of hearing was incomplete and biased. He also sought to stay the notice of hearing and the scheduling of the hearing until his judicial review application could be heard.
The stay application was dismissed by the Court of King’s Bench of Alberta. The Court of Appeal of Alberta dismissed Dr. Akinnawonu’s appeal from the chambers judge’s decision.
Lower court rulings
Court of King’s Bench of Alberta
2201-10828
Stay application dismissed
Appeal dismissed
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 613-996-8666 or at 1-844-365-9662.
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
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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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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