The Alberta Court of Appeal has dismissed an appeal brought by Stanley Schumacher, the former Chairman of the Alberta Land Compensation Board and the Alberta Surface Rights Board.
Schumacher's 1998 appointment as Chair of both boards was terminated in 2005 more than one year before the Aug 2006 termination date set out in the Order in Council appointing Schumacher. Following the termination, Schumacher filed a judicial review action alleging constructive dismissal.
The trial court previously found that Schumacher had effectively resigned his post but in any event the Minister was entitled to terminate the appointment without cause. On appeal the court found there was no error and the appeal was dismissed.