CLAUS v ALBERTA (DIRECTOR OF SAFEROADS), 2021 ABQB 669
3.68: Court options to deal with significant deficiencies
The Applicant previously filed an Originating Application for Judicial Review of a SafeRoads Alberta decision, which Rooke ACJ had ruled to be a prima facie abuse of the Court as it failed to provide adequate pleadings. The Court had ordered, pursuant to the SafeRoads Alberta Accelerated Review Procedure (“SAARP”), that the Applicant had 14 days to either:
- Discontinue the Application;
- Submit a candidate Amended Originating Application in the correct form; or
- Provide written submissions to explain why the Originating Application is a valid Action.
The Applicant submitted an Amended Originating Application the Court considered whether it should be approved for filing. The Court noted that the Amended Originating Application expanded on the factual basis for the Applicant’s challenge to the SafeRoads Alberta decision. As a result, the Court Ordered the Applicant to file the Amended Originating Application within 14 days or the Originating Application for Judicial Review would be struck pursuant to Rule 3.68.View CanLII Details