jeffrey j

1.1: What these rules do
3.15: Originating application for judicial review

Case Summary

The Applicant, Baker, sought Judicial Review by way of Originating Application of a decision of the Alberta Workers’ Compensation Appeals Commission (“AWCAC”), in which the AWCAC held that Baker was not entitled to an increase of his “permanent clinical impairment rating” due to insufficient evidence. The AWCAC argued that the Application should be struck because it was not properly served. Although Baker had filed his Application within six months of the decision, it was not served within the deadline on the AWCAC or any other party.

Justice Jeffrey first noted that there was a six month deadline to file and serve an Application for Judicial Review, pursuant to both Rule 3.15(2), and section 13.4 of the Workers’ Compensation Act, RSA 2000, c W-15. Additionally, Rule 3.15(3) required that the Attorney General for Canada or Minister of Justice and Solicitor General (or both) be served, along with the administrative body whose decision was being reviewed. Justice Jeffrey explained that the six month deadline set out under Rule 3.15 is strictly applied; this ensures that administrative decisions had finality. The Rules did not provide the Court with discretion to extend the deadline for service.

Justice Jeffrey considered whether the Court had the inherent jurisdiction to extend the deadline. His Lordship noted that inherent jurisdiction should be exercised sparingly, and can be limited by statute. Since both the Rule 3.15(2) and the Workers’ Compensation Act specifically disallowed extensions of the six month deadline, His Lordship held that the time limit could not be extended. Baker’s Originating Application for Judicial Review was dismissed.


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