CJ v ALBERTA (CHILD, YOUTH AND FAMILY ENHANCEMENT ACT, DIRECTOR), 2021 ABCA 15
STREKAF, KHULLAR AND PENTELECHUK JJA
1.4: Procedural orders
4.10: Assistance by the Court
This was an Appeal of an Order dismissing an Application for Judicial Review on the basis of mootness. The Appellant was the mother of a 12-year-old child who sought to challenge a decision of the Director of Child and Family Services concerning frequency of access. The Order under Appeal was granted in the context of a case conference convened in respect of the Appellant’s Originating Application for Judicial Review of the Director’s decision. At the time of the case conference, the Appellant had also challenged the Director’s decision in the Alberta Provincial Court, pursuant to the Child, Youth and Family Enhancement Act, RSA 2000, c C-12, and was awaiting Trial in that Court. Accordingly, the Court adjourned the Originating Application sine die, pending hearing of the Provincial Court Trial. Later, a second Application was brought similarly seeking Judicial Review in advance of the Provincial Court Trial, but was dismissed on the basis of mootness. The Order dismissing this second Application was the subject of this Appeal.
The Alberta Court of Appeal upheld the Order to dismiss the Application for Judicial Review. In so doing, the Court noted the language of Rule 4.10(4), which permits the issuance of procedural Orders before, at or during a case conference, as well as the broad general discretion afforded under Rule 1.4 to grant Orders aimed at streamlining and facilitating the resolution of disputes.View CanLII Details