ALBERTA TEACHERS’ ASSOCIATION v ALBERTA (INFORMATION AND PRIVACY COMMISSIONER), 2013 ABQB 106
3.65: Permission of Court to amendment before or after close of pleadings
Following a Supreme Court ruling in respect of timelines prescribed by the relevant legislation, this matter was remitted to the Alberta Queen’s Bench to address the other issues raised in the initial Originating Application for Judicial Review. The Applicant filed an Amended Originating Application for Judicial Review. The Respondent challenged the amendments.
The Court held that “the discretion to define the proper scope of a judicial review application rests with the judge hearing the judicial review application”. To determine that scope, Justice Ross addressed the principles governing the Court’s discretion to permit amendments pursuant to Rule 3.65. The onus is on the party objecting to the amendment to show irreparable prejudice. Amendments are permitted to assist the Court in determining the real question in issue between the Parties. Justice Ross considered circumstances under which amendments would not be permitted (as articulated in Manson Insulation Products Ltd v Crossroads C & I Distributors, 2011 ABQB 51). Taking the circumstances into consideration, Justice Ross allowed the amendments.View CanLII Details