GUNDA v ALLIED SHORTRIDGE CIVIL ENFORCEMENT AGENCY, 2022 ABKB 638
9.15: Setting aside, varying and discharging judgments and orders
The Court of King’s Bench had previously dismissed an Appeal from the Provincial Court (the “Appeal Decision”). The Applicant law firm and lawyer represented the Respondent Appellant in the Appeal Decision.
In the Appeal Decision, the Court reviewed the Applicants’ conduct and determined that the Applicants took a series of steps which appeared to have been opposite to the Respondent’s financial interests and benefited another of the Applicants’ clients. The Applicant law firm and another Applicant applied to vary the Appeal Decision under Rule 9.15 to remove the findings, conclusions, and assessments made regarding the Applicants.
The Court dismissed the Application as the Applicants lacked standing. Rule 9.15(1)(b) allows an “affected person” who did not appear at a Trial or hearing to apply to vary or discharge a Judgment or Order. The Court determined that “affected person” means someone who is legally affected by a Judgment or Order and does not extend to individuals who may have a personal or moral stake in a legal proceeding. The Court also noted that any legal or disciplinary proceedings against the Applicants would provide the Applicants a full opportunity to respond.View CanLII Details