BROUSSEAU v FOLEY, 2011 ABQB 813
6.4: Applications without notice
The Applicant, Brousseau, applied for a Restraining Order that would prevent one of the Respondents, Dakota Foley, from continuing his employment with his employer who was also Brousseau’s employer. In addition, Brousseau applied to restrain Devon Foley, the other Respondent and the father of Dakota Foley, from driving Dakota Foley to Dakota Foley’s place of employment. The Application was made without notice to either Dakota Foley or Devon Foley.
The Application was denied. Veit J. held that only in exceptional circumstances would notice be waived for a Party who would be affected by the Order. Veit J. went on to hold that Brousseau would not suffer undue prejudice by giving notice, and the Order would have long lasting effects on Dakota Foley.View CanLII Details