Case information
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40497
Alberta Dental Association and College v. Nimet Jinnah
(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) |
|---|---|---|
| 2023-04-14 | Close file on Leave | |
| 2023-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-30 | Judgment on leave sent to the parties | |
| 2023-03-30 |
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 (Edmonton), Number 2003-0217AC, 2022 ABCA 336, dated October 13, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-02-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-01-27 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-01-27, (Printed version filed on 2023-01-27) | Alberta Dental Association and College |
| 2023-01-19 | Certificate (on limitations to public access), (Letter Form), Certificate 23A, (Printed version filed on 2023-01-19) | Nimet Jinnah |
| 2023-01-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-01-19, (Printed version filed on 2023-01-19) | Nimet Jinnah |
| 2022-12-20 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED: 2022-12-20 | |
| 2022-12-13 | Correspondence received from, (Letter Form), (Printed version due on 2022-12-20) | Alberta Dental Association and College |
| 2022-12-09 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-12-09) | Alberta Dental Association and College |
| 2022-12-09 | Notice of name, (Letter Form), (Printed version filed on 2022-12-09) | Alberta Dental Association and College |
| 2022-12-09 | Application for leave to appeal, (Book Form), Two volumes, Completed on: 2022-12-09, (Printed version filed on 2022-12-09) | Alberta Dental Association and College |
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 |
|---|---|---|
| Alberta Dental Association and College | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Jinnah, Nimet | Respondent | Active |
Counsel
Party: Alberta Dental Association and College
Counsel
Emma F. Banfield
Maddison L. Croden
3200 - 10180 101 St. N.W.
Edmonton, Alberta
T5J 3W8
Telephone: (780) 425-9510
FAX: (780) 429-3044
Email: jgagnon@rmrf.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Jinnah, Nimet
Counsel
Leah Anaka
1710, 10020 - 101A Avenue
Edmonton, Alberta
T5J 3G2
Telephone: (780) 424-6750
FAX: (780) 424-7768
Email: renouf@renouflaw.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Administrative law — Boards and tribunals — Alberta Dental Association and College — Costs — Dentist found guilty of unprofessional conduct and sanctions ordered — Court of Appeal varying both merits and sanctions decisions — Whether a reviewing court can impose blanket limits on statutory discretion given to professional regulators to impose orders for public interest, including sanctions and costs, against member found guilty of unprofessional conduct — If circumstances justify the imposition of blanket limits, is it appropriate or procedurally fair for a reviewing court to base those blanket limits on information not found in the Record, without first hearing from counsel for the parties.
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 respondent is a dentist regulated by the applicant, Alberta Dental Association and College (“College”). The respondent took steps to collect a patient’s unpaid account which eventually ended with the patient writing to the College seeking assistance in resolving this problem. Two and a half years after the patient first contacted the College, a notice of hearing, charging the dentist with unprofessional conduct in relation to her billing and collections practices, was issued.
The Hearing Tribunal found the dentist engaged in unprofessional conduct. She was prohibited from practicing for a month, ordered to complete an ethics course and costs of $50, 000 were imposed.
The Appeal Panel upheld the Tribunal’s conclusion of unprofessional conduct but quashed the one-month suspension and substituted a reprimand and reduced the hearing tribunal costs to $37,500. The Appeal Panel found that the Hearing Tribunal’s sanction of requiring the dentist to take an ethics course was reasonable. It also ordered the dentist to pay costs equal to one-quarter of the Appeal Panel costs.
The Court of Appeal allowed the appeal in part. All misconduct determinations were set aside except for one. The order to take an ethics course was set aside and the cost award was varied.
Lower court rulings
Council of the Alberta Dental Association and College
Merits Decision: Respondent found guilty of unprofessional conduct.
Council of the Alberta Dental Association and College
Sanctions Decision: Respondent suspended for one month; ordered to complete ethics course; and ordered to pay $50, 000 in costs.
Council of the Alberta Dental Association and College
Appeal of merits decision dismissed. Appeal of sanctions decision allowed and suspension quashed and substituted with a reprimand; costs award reduced to $37, 500.
Court of Appeal of Alberta (Edmonton)
2003-0217AC, 2022 ABCA 336
Appeal allowed in part. All misconduct determinations set aside except for one. Order to take ethics course set aside and cost award varied.
Memorandums of argument on application for leave to appeal
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 filing 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.
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Downloadable PDFs
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Related links
Factums on appeal
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
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