The Applicant, JL Energy Transportation Inc. (“JL”), applied for permission within its Appeal to argue that Secure Energy Services Inc v Canadian Energy Services Inc, 2022 ABCA 200 (“Secure Energy”) should be reconsidered pursuant to Rules 14.46 and 14.47. The Court noted that leave to reconsider binding precedents is only granted in very limited circumstances, subject to consideration of the six factors set out in R v Effert, 2010 ABCA 144.

The Court accepted the Applicant’s argument that the test to reconsider a previous decision of the Court of Appeal was met because Secure Energy is a recent decision that had not become settled law, and because it had only been relied on for the relevant issues the Applicant sought reconsideration of in the decision under Appeal. 

JL’s Application argue on its Appeal that Secure Energy should be reconsidered was granted.