PIIKANI NATION v MCMULLEN, 2020 ABQB 87
1.2: Purpose and intention of these rules
3.68: Court options to deal with significant deficiencies
This was an Application by the Defendant, McMullen, seeking leave to “recuse” Associate Chief Justice Rooke from hearing matters as Case Management Justice in these Actions. The Plaintiff opposed the Application, arguing that it was frivolous, irrelevant or improper, an abuse of process, and that it disclosed no reasonable likelihood of success pursuant to Rule 3.68(2). Associate Chief Justice Rooke agreed, given that the Defendant had mostly provided bare allegations and unsubstantiated conclusory statements.
The Plaintiff also opposed the Application because it did “not go to resolving the real issue in dispute or facilitate the quickest means of resolving the claim at the least expense” and was therefore inconsistent with Rule 1.2. Associate Chief Justice Rooke agreed. The Defendant’s Application was dismissed with Costs.View CanLII Details