IRVINE v KRISTENSEN, 2019 ABQB 607
3.15: Originating application for judicial review
3.68: Court options to deal with significant deficiencies
The Respondent brought an Originating Application to quash a common law peace bond and stay criminal proceedings. The Applicants sought to strike the Action pursuant to Rule 3.68, characterizing it as an Application for Judicial Review, which the Respondent had filed beyond the six-month deadline set out in Rule 3.15. The Court agreed.
While the Respondent argued the constitutional inapplicability of Rule 3.15, the Court noted that the constitutional issues had not been properly advanced by way of a Notice of Constitutional Question. In any event, the Court was prepared to strike the Action without reliance on Rule 3.15, as the remedy sought in the Action was impossible; the peace bond was no longer of any force and effect, and the criminal proceedings had already been stayed. The Respondent’s Action was bound to fail, and therefore constituted an abuse of process.View CanLII Details