3.6: Where an action is carried on

Case Summary

The Minister of Justice applied ex parte for a Restraint Order pursuant to the Victims Restitution and Compensation Payment Act (“VRCPA”). The VRCPA requires that Applications for Restraint Orders be made ex parte.

The Application was brought in Edmonton despite the fact that Lethbridge was the Judicial Centre of the Action, being the centre where the Originating Application was filed. The Minister did not seek a direction pursuant to Rule 3.6(2) to allow the Application to be brought outside of the Action’s Judicial Centre.

Justice Burrows did not dismiss the Application, notwithstanding the failure to seek the direction contemplated by Rule 3.6(2) because the issue was not raised at the time of the Application, submissions were heard, and reasons for Decision were reserved. Justice Burrows noted that notwithstanding that no submissions had been received on why the Application was brought in Edmonton, not Lethbridge, the most likely reasons were that the Minister practices in Edmonton, and because the Application was required to be brought ex parte, there would be no prejudice to the Respondents. Despite those facts, Justice Burrows recommended that the direction contemplated by Rule 3.6(2) ought to be received prior to commencing Applications outside of the proper Judicial Centre notwithstanding their ex parte nature.

The Application was considered on its merits and denied.

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