Expropriation Law Centre




Peterson Stark Scott


Former ALCB Chairman's wrongful dismissal action dismissed
November 7, 2006
Stanley Schumacher, the former Alberta Land Compensation Board and Surface Rights Board Chairman, lost a recent legal bid for vindication.

In a Queen's Bench decision on November 3rd, the court considered Mr. Schumacher's judicial review application brought against the Alberta Minister of Sustainable Resource Development. Schumacher was first appointed as Chairman of both boards by an Order in Council in 1998. The original three year term was later extended on two occasions. The third extension provided for a termination date of Aug 31, 2006. However, the Minister terminated Schumacher's appointment early by letter dated July 28, 2005.

It appears that the termination notice was delivered after considerable discussion between Schumacher and the Minister's office. At one point Schumacher had delivered a resignation letter to the Minister. The court found that Schumacher had effectively resigned his post but in any event the Order in Council appointment expressly authorized the Minister to terminate the appointment at any time without cause. The termination was therefore lawful and the action was dismissed.

The court citation for the decision is 2006 ABQB 786.

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