Horse Racing Alberta Act

Section 27 HORSE RACING ALBERTA ACT RSA 2000 Chapter H-11.3

 

 

(b) allow the appeal and give such directions, if any, that the Appeal Tribunal considers appropriate in the circumstances;

(c) vary the decision;

(d) prescribe terms and conditions to which its order is subject;

(e) make any other decision that in the opinion of the Appeal Tribunal is in the best interests of horse racing;

(f) award costs.

(2) The Appeal Tribunal shall notify the parties to the appeal and the Corporation in writing of the Appeal Tribunal’s decision.

(3) Notwithstanding subsection (1), the Appeal Tribunal does not have the authority to order that a rule made under this Act be repealed, amended or otherwise varied.

1996 cR-1.5 s26

Judicial review

27(1) Subject to subsection (2), no decision, order, directive, ruling or proceeding of the Appeal Tribunal shall be questioned or reviewed in any court by way of an application for judicial review or otherwise, and no order shall be made or process entered or proceedings taken in any court, whether by way of injunction, declaratory judgment, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Appeal Tribunal or any of its proceedings.

(2) A decision, order, directive, ruling or proceeding of the Appeal Tribunal may be questioned or reviewed by way of an application for judicial review seeking an order in the nature of certiorari or mandamus if the originating notice is filed with the Court of Queen’s Bench and served on the Appeal Tribunal no later than 30 days after the date of the decision, order, directive, ruling or proceeding, or reasons in respect of it, whichever is later.

(3) The Court of Queen’s Bench may, in respect of any application under subsection (2),

(a) determine the issues to be resolved on the application, and

(b) limit the contents of the return from the Appeal Tribunal to those materials necessary for the disposition of those issues.

1996 cR-1.5 s27