Case information

Administrative law — Boards and Tribunals — Association of Professional Engineers and Geoscientists of Alberta — Disciplinary Committee — Appeal Board — Courts — Impartiality of judges — Procedural fairness — Right to fair hearing in administrative proceedings — Right to be tried by impartial and independent tribunal or court — Rule of law — Access to justice — Performance of courts’ supervisory duties — Purpose of judicial review — Meaning and concept of self-governance — Abuse of power — Jurisdiction — Appellate court’s ability to overrule lower court decision — Bias and impartiality — Procedural fairness and transparency — Meaning of “proceeding” in legal and administrative contexts — Whether application for leave to appeal raises questions of public or national importance.

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 Disciplinary Committee of the Association of Professional Engineers and Geoscientists of Alberta found that Mr. Ubah’s attempts or threats to commence proceedings with various bodies amounted to abuse of process or an improper purpose, and that he was ungovernable. His registration as a professional engineer was cancelled and sanctions were imposed against him. The Association’s Appeal Board upheld that decision. He continued to commence proceedings, so court access restrictions were imposed on him in Ubah v. Canadian Natural Resources Limited, 2019 ABQB 155, Ubah v. Canadian Natural Resources Limited, 2019 ABQB 347, and Ubah v. Canadian Natural Resources Limited, 2019 ABQB 359, and Ubah v. Canadian Natural Resources Limited, 2019 ABQB 692. Nevertheless, Mr. Ubah had continued to file unmeritorious and improper complaints and commence proceedings.

The Court of Queen’s Bench granted an order that Mr. Ubah was required to obtain leave from the Court of Queen’s Bench before filing further complaints with the Association. The Court of King’s Bench denied an application for leave to apply to set that decision aside, an application for leave to commence a judicial review of various decisions of the Association, a request for leave to file an originating application and a statement of claim, a request for leave to file an application requesting clarity on and amendments to the restrictions imposed in 2022 ABKB 753, and a request for an order setting-aside or varying the registered mail requirement.