AUBIN v PETRONE, 2018 ABQB 259
9.13: Re-opening case
The Applicant applied pursuant to Rule 9.13 seeking a variation of the Court’s reasons for granting an injunction. Khullar J. held that Rule 9.13 expanded the scope for correcting errors in Judgments. In determining whether to exercise its discretion under the Rule, the Court should consider the purpose of the Rules generally, including the avoidance of unnecessary and costly Appeals, and the desirability of the Appeal Court having fully developed consideration of the facts and the law. At the same time, the Court should also consider the principles of finality and certainty as they are also important objectives of the judicial process.
Khullar J. noted that in prior leading jurisprudence, the Court held that the jurisdiction to exercise discretion under Rule 9.13 to correct a judgment depended on the circumstances. Based on the circumstances, Khullar J. held that the Applicant had not raised grounds appropriate for an Application under Rule 9.13. The Application was dismissed.View CanLII Details