PETER v PUBLIC HEALTH APPEAL BOARD OF ALBERTA, 2019 ABQB 989
GRAESSER J
3.15: Originating application for judicial review
3.16: Originating application for judicial review: habeas corpus
13.5: Variation of time periods
Case Summary
The Court dismissed an Originating Application for Judicial Review because the Applicant had filed it beyond the six-month period set out in Rule 3.15. As the Originating Application was not a habeas corpus Application (to which Rule 3.16 would apply), the Court was bound by the time period set out in Rule 3.15. Furthermore, Rule 3.15 specifically prohibited the Court from using its discretion under Rule 13.5 to extend the time period for filing, and therefore the Application was struck.
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