BRUNEAU v QUINN, 2023 ABKB 177

RENKE J

6.4: Applications without notice

Case Summary

The Applicants applied for a without notice interim Injunction pursuant to Rule 6.4. The Application concerned individuals falsely holding themselves out as being involved in the government of the Papaschase First Nation.

Justice Renke considered whether this matter could be heard ex parte pursuant to Rule 6.4. The Applicants argued that notice would precipitate the damage the Application was intended to prevent. They argued that the activities of the Respondents were becoming more aggressive, negatively impacting the community, and that notice would escalate their behaviour.

Justice Renke concluded that proceeding without notice was appropriate. In particular, he noted that the Applicants had provided very comprehensive materials in support of their Application.

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