Case information
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41394
Don Neustaedter, et al. v. His Majesty the King in Right of Alberta as Represented by Occupational Health and Safety, et al.
(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) |
|---|---|---|
| 2025-03-14 | Close file on Leave | |
| 2025-03-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-03-13 | Judgment on leave sent to the parties | |
| 2025-03-13 |
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 2301-0143AC , 2024 ABCA 238, dated June 28, 2024, is dismissed with costs to the respondent His Majesty the King in Right of Alberta as Represented by Occupational Health and Safety. Dismissed, with costs |
|
| 2025-02-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-02-05 | Notice of change of solicitor, (Letter Form) | Alberta Labour Relations Board |
| 2024-09-25 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-09-26, (Printed version filed on 2024-09-27) | Don Neustaedter |
| 2024-09-18 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-09-20) | Minister of Justice and Solicitor General of Alberta |
| 2024-09-18 | Notice of name, (Printed version filed on 2024-09-20) | Minister of Justice and Solicitor General of Alberta |
| 2024-09-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-09-18, (Printed version filed on 2024-09-20) | Minister of Justice and Solicitor General of Alberta |
| 2024-09-18 | Notice of name, (Printed version filed on 2024-09-19) | His Majesty the King in Right of Alberta as Represented by Occupational Health and Safety |
| 2024-09-18 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-09-19) | His Majesty the King in Right of Alberta as Represented by Occupational Health and Safety |
| 2024-09-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-09-18, (Printed version filed on 2024-09-19) | His Majesty the King in Right of Alberta as Represented by Occupational Health and Safety |
| 2024-09-17 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-09-19) | Alberta Labour Relations Board |
| 2024-09-17 | Notice of name, (Letter Form), (Printed version filed on 2024-09-19) | Alberta Labour Relations Board |
| 2024-08-21 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on Aug. 21, 2024 | |
| 2024-08-19 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-08-20) | Don Neustaedter |
| 2024-08-19 | Notice of name, (Printed version filed on 2024-08-20) | Volker Stevin Contracting Ltd. |
| 2024-08-19 | Application for leave to appeal, (Book Form), Completed on: 2024-08-19, (Printed version filed on 2024-08-20) | Don Neustaedter |
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 |
|---|---|---|
| Neustaedter, Don | Applicant | Active |
| O’Neill, Mike | Applicant | Active |
| Principalli, Mike | Applicant | Active |
| Volker Stevin Contracting Ltd. | Applicant | Active |
| Wallace, James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King in Right of Alberta as Represented by Occupational Health and Safety | Respondent | Active |
| Alberta Labour Relations Board | Respondent | Active |
| Minister of Justice and Solicitor General of Alberta | Respondent | Active |
Counsel
Party: Neustaedter, Don
Counsel
Gurjot Sekhon
1900, 600 - 3rd Avenue SW
Calgary, Alberta
T2P 0G5
Telephone: (403) 303-9104
FAX: (403) 303-1685
Email: peter.major@mross.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: O’Neill, Mike
Counsel
Gurjot Sekhon
1900, 600 - 3rd Avenue SW
Calgary, Alberta
T2P 0G5
Telephone: (403) 303-9104
FAX: (403) 303-1685
Email: peter.major@mross.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Principalli, Mike
Counsel
Gurjot Sekhon
1900, 600 - 3rd Avenue SW
Calgary, Alberta
T2P 0G5
Telephone: (403) 303-9104
FAX: (403) 303-1685
Email: peter.major@mross.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Volker Stevin Contracting Ltd.
Counsel
Gurjot Sekhon
1900, 600 - 3rd Avenue SW
Calgary, Alberta
T2P 0G5
Telephone: (403) 303-9104
FAX: (403) 303-1685
Email: peter.major@mross.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Wallace, James
Counsel
Gurjot Sekhon
1900, 600 - 3rd Avenue SW
Calgary, Alberta
T2P 0G5
Telephone: (403) 303-9104
FAX: (403) 303-1685
Email: peter.major@mross.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: His Majesty the King in Right of Alberta as Represented by Occupational Health and Safety
Counsel
2400, 10235 – 101 Street NW
Edmonton, Alberta
T5J 3G1
Telephone: (780) 426-5220
FAX: (780) 420-6277
Email: ntymchuk@emeryjamieson.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Alberta Labour Relations Board
Counsel
10155-102 Street NW
Edmonton, Alberta
T5J 4G8
Telephone: (780) 644-5174
FAX: (780) 422-0970
Email: Kathleen.Mcgreer@gov.ab.ca
Agent
50 O'Connor Street, Suite 1424
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: ggreenwood@macorlaw.com
Party: Minister of Justice and Solicitor General of Alberta
Counsel
Matthew Parent
10th Floor, 102A Tower
10025 – 102A Avenue
Edmonton, Alberta
T5J 2Z2
Telephone: (780) 643-0856
FAX: (780) 643-0852
Email: brooklyn.leclair@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Administrative law — Boards and tribunals — Judicial review — Occupational health and safety officer issuing administrative penalties against employer and employees for interference with, and refusal to participate in, interviews related to a fatal work site accident — Lower courts upholding penalties — To what extent should statutory delegates exercise implied authority to determine their own procedures — When should exercise of implied authority over regulatory procedures be subject to correctness review — Whether there is a right to counsel present during regulatory investigations — Occupational Health and Safety Act, S.A. 2017, c. O-2.1.
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.
An occupational health and safety officer issued administrative penalties under the Occupational Health and Safety Act, S.A. 2017, c. O-2.1, against the applicant employer and employees for interfering with, and refusing to participate in, interviews related to a fatal work site accident.
The applicants appealed those penalties to the Alberta Labour Relations Board. It confirmed the penalties.
The applicants applied for judicial review of that decision. Those applications were dismissed by the Court of King’s Bench of Alberta.
The applicants appealed the dismissal and costs awards to the Court of Appeal where it was dismissed.
Lower court rulings
The Alberta Labour Relations Board decision confirming the administrative penalties was found to be reasonable. Application for judicial review dismissed.
Court of King’s Bench of Alberta
2023 ABKB 466
Costs awarded to occupational health and safety.
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 613‑996‑7933 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