MCKINNEY v ALBERTA (DIRECTOR OF SAFEROADS), 2021 ABQB 754
3.68: Court options to deal with significant deficiencies
The Applicant applied for the SafeRoads Alberta Accelerated Review Procedure (SAARP) process by Originating Application. Nielsen ACJ concluded that that Originating Application was prima facie an abuse of the Court because the Originating Application failed to provide adequate pleadings. The Applicant was given 14 days to submit a candidate Amended Originating Application.
Upon reviewing the candidate Amended Originating Application, the Court rejected many paragraphs as argument or because they did not raise any valid grounds. However, the Court found that the Applicant's allegation that the documentary record for the alcohol sensing device was inadequate was adequately particularized and should proceed to a full Judicial Review.
The Court ordered that counsel for the Applicant file the Amended Originating Application with the rejected paragraphs removed within 14 days from the date of the Decision. If the Applicant failed to file the Pleadings by the deadline, then they would be struck pursuant to Rule 3.68.View CanLII Details