ANANA v LAKELAND COLLEGE FACULTY ASSOCIATION, 2011 ABQB 313

MACKLIN J

3.15: Originating application for judicial review
13.5: Variation of time periods

Case Summary

One of the issues in this Decision concerned the 6-month limitation period to file and serve an Originating Notice for Judicial Review, as required by Rule 3.15(2). The Court reinforced the plain wording of Rule 3.15(2): the 6-month limitation period is inflexible and is not affected by Rule 13.5 (the Rule that allows for a variation of a time period). Macklin J. also noted that an Administrative Board’s denial of an Applicant’s request for an Appeal of an original Administrative Decision is itself considered a “decision or act” that is subject to Judicial Review and the corresponding 6-month limitation period.

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