MIERKE v ALBERTA (DIRECTOR OF SAFEROADS), 2021 ABQB 664
3.68: Court options to deal with significant deficiencies
13.6: Pleadings: general requirements
The Action was commenced by way of an Originating Application for Judicial Review of a SafeRoads Alberta Decision. A prior decision of the Court found that the Originating Application was, prima facie, an abuse of Court as it failed to provide adequate pleadings. The Applicant submitted an Amended Originating Application as permitted by the Court for consideration in the immediate Application. Counsel for the Respondent submitted that the Amended Originating Application contained evidence rather than alleged facts, in breach of Rule 13.6(2)(a).
Justice Rooke concluded, on a balance of probabilities, that the Applicant had met the minimum pleadings requirements set by law by indicating a specific alleged error and established a basis for Judicial Review. Ultimately, the Court permitted the Amended Originating Application to be filed within 14 days of the decision, failure to file would result in the Judicial Review being struck pursuant to Rule 3.68 without further order of the Court.View CanLII Details