Proven legal strategies to navigate administrative delay, prevent abuse of process claims, and safeguard regulatory proceedings.
The Supreme Court of Canada’s decision in Law Society of Saskatchewan v. Abrametz has become a defining authority on delay in administrative proceedings. Although the Court affirmed that the framework for assessing undue delay established in Blencoe v. British Columbia (Human Rights Commission) continues to apply, the Court provided important guidance with respect to when delay will constitute an abuse of process that justifies a remedy. Although the Court confirmed that the circumstances justifying a stay of proceedings are rare, the Court also confirmed that where undue delay is established, tribunals and courts can order other remedies to address and discourage institutional complacency.
Although Abrametz is a professional discipline case, it has practical implications for all administrative agencies and lawyers who work in the area of administrative law.
This session examines the law with respect to undue delay from both a legal and practical perspective. The course explores the Court’s earlier decision in Blencoe. The course examines the refinements to the law of delay in Abrametz and how the law is continuing to evolve. Participants will be provided with practical insight regarding the conceptual framework for assessing undue delay, when delay constitutes an abuse of process, and some of the challenging issues that arise, including: how to calculate the period of delay, determining which party is responsible for the delay, the type of prejudice or impact that warrants a remedy, potential remedies other than a stay of proceedings, and the importance of marshalling the evidence needed to advance or respond to concerns about delay.
Key Topics Discussed:
General Counsel | College of Licensed Practical Nurses and Health Care Aides of Alberta (CLHA)
Katrina is General Counsel at the College of Licensed Practical Nurses and Health Care Aides of Alberta (CLPNA). As a member of the organization's Executive Team, she helps identify and address legal and organizational risks, manages high-risk litigation, and provides in-house legal advice and services to support the College's regulatory functions. Prior to joining the College, Katrina was a partner at Field LLP. Over the course of several decades, she provided legal services to numerous professional regulatory organizations across a range of sectors, with a focus on professional conduct, registration, and unauthorized practice. She has acted as counsel in hundreds of discipline hearings and has appeared before all levels of court in appeals and judicial review proceedings. Katrina also served as co-counsel for the Law Society of Alberta before the Supreme Court of Canada in Law Society of Saskatchewan v. Abrametz, 2022 SCC 29.
Partner | Field Law
Kimberly Precht is a partner at Field Law in Edmonton, Alberta. She practices primarily in the areas of professional regulatory law, administrative law, and employment law. As a member of Field Law’s Professional Regulatory team, Kim assists regulators in areas such as registration, discipline, and governance, often getting the opportunity to delve into interesting ethical issues. Since joining Field Law in 2014, Kim has acted for regulators before numerous disciplinary tribunals and appeal panels, as well as the Alberta Court of King’s Bench and the Alberta Court of Appeal. Before studying law, Kim worked on a vegetable farm, at a grocery store, as a river guide, and as a performer and coach with a local circus company.
