Kenny J

3.15: Originating application for judicial review

Case Summary

The Applicant Representative Plaintiff in a Class Action sought a declaration that the Respondents’ closing of a mobile home park was a breach of both the Mobile Home Tenancies Act, RSA 2000 c M-20 and the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982. The Respondents argued that the Application was more appropriately characterized as an Application for Judicial Review, and therefore was governed by Rule 3.15(2) and should be dismissed as it was outside the six month limitation for bringing such an Application.

Kenny J. held that the Respondents correctly characterised the Application as an Originating Application for Judicial Review because both the Originating Application and the Applicant’s submissions showed that the underlying issue was the decision made by Calgary City Council to close the mobile home park. Kenny J. held that the Originating Application was actually an Application for Judicial Review and was barred by the six months limitation period set out in Rule 3.15(2). Despite the Originating Application being limitations barred, Kenny J. considered the merits of the Applicant’s Application and held that the Applicant was not able to prove bad faith on the part of the Respondents, nor had there been a violation of the Charter. As such, the Respondents’ decision to close the mobile home park was legally valid.

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