CHAUDHARY v ALBERTA (ASSURED INCOME FOR THE SEVERELY HANDICAPPED ACT, APPEAL PANEL)NEW RULE PAGE, 2023 ABKB 254
SLATTER, STREKAF AND DE WIT JJA
3.15: Originating application for judicial review
The Appellant appealed the dismissal of his Application for Judicial Review which was dismissed on the basis the Appellant had filed and served the Application after the limitation period had passed.
The Court noted that an Originating Application must be filed and served within six-months after the date of the Decision as per Rule 3.15(2). The Court found that the Chambers Judge did not err in holding that the Court had no discretion to extend the time for the Appellant to commence his Judicial Review Application. More specifically, the Court set out that Rule 3.15 and its predecessor had been strictly construed and that there was no discretion to extend the limitation period because of an Applicant’s knowledge or circumstances.
The Court accordingly found that because the Appellant had filed his Judicial Review Application after the six-month limitation period, a Judicial Review could not proceed and the Appeal was ultimately dismissed.View CanLII Details