KELLEHER v ALBERTA (DIRECTOR OF SAFEROADS), 2021 ABQB 517
3.18: Notice to obtain record of proceedings
3.68: Court options to deal with significant deficiencies
9.4: Signing judgments and orders
Associate Chief Justice Rooke considered seven Applications seeking Orders quashing driving related penalties, including, but not limited to, driving restrictions, fines, and refunds for vehicle impound. Associate Chief Justice Rooke identified the seven Applications as suitable candidates for the Court of Queen’s Bench SafeRoads Alberta Accelerated Review Procedure. Accordingly, the Actions were stayed pursuant to Rule 3.68.
Associate Chief Justice Rooke stated that the Applicants had fourteen days to Discontinue the Action, submit an Amended Judicial Review Application that is not an abuse of Court processes, or submit a Written Submission explaining why the existing Application is not an abuse of Court processes. Of note, Associate Chief Justice Rooke clarified that, if an Applicant chose to submit an Amended Judicial Review Application, it should use Form 7 accompanied by Form 8, Notice to Obtain a Record of Proceedings under Rule 3.18.
Associate Chief Justice Rooke also dispensed with the Applicant’s approval of the Order, pursuant to Rule 9.4(2)(c).View CanLII Details