Alberta's Top Court Re-Writes Rules For Costs Orders In Professional Discipline

The Alberta Court of Appeal has significantly changed the approach to costs order in professional discipline cases. In Jinnah v Alberta Dental Association and College, 2022 ABCA 336, the Court set aside an order for a dentist to pay $37,500 in investigation and hearing costs¹ and referred the issue back to be reconsidered using a new framework. The Court described a new "presumption" that "[t]he College should bear the costs associated with the privilege and responsibility of self-regulation unless a registrant has committed serious unprofessional conduct, is a serial offender, has failed to cooperate with investigators, or has engaged in hearing misconduct."²

Background

The investigation and subsequent hearing stemmed from a dispute over the dentist's billing and collection practices. The Hearing Tribunal found the dentist to have committed unprofessional conduct and imposed sanctions. The Tribunal also ordered the dentist to pay $50,000 in investigation and