PL v ALBERTA, 2012 ABQB 485


9.12: Correcting mistakes or errors
9.13: Re-opening case
9.14: Further or other order after judgment or order entered

Case Summary

An Application was brought to settle the terms of an Order arising out of another Decision of Graesser J. in the same matter. That Application was heard in conjunction with an Application in JO (et al) v Her Majesty the Queen in Right of Alberta (et al).

Graesser J. held that during the course of argument in the JO matter, it became clear that a number of errors were made in several rulings in PL v Alberta, 2012 ABQB 383. Graesser J. held that the Order in the present matter had not been entered and, pursuant to Rule 9.13(a), Justice Graesser had jurisdiction to correct any errors therein.

Graesser J. determined that the area to be corrected related to proposed Amendments to the Statement of Claim. In the previous Decision, Graesser J. disallowed the addition of certain paragraphs on the basis that public perception of a situation is irrelevant to a Claim. However, in this Decision, Graesser J. held that in the context of the Supreme Court of Canada’s decision in KLB v British Columbia, 2003 SCC 51, those paragraphs of the Statement of Claim should not have been struck. Rather, Graesser J. held that those paragraphs could remain in the Statement of Claim as relevant to the issue of vicarious liability.

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