In 2020, Anthony Bilodeau fatally shot two individuals near Glendon, Alberta. After Anthony was criminally charged and found guilty, the families of the deceased (the “Plaintiffs”) initiated civil proceedings for damages against his brother Joseph, seeking to hold him liable as joint tortfeasor in the wrongful deaths of those two individuals as well as for the torts of assault and battery arising out of his participation in the crime. Joseph applied to summarily dismiss the claim under Rule 7.3.

Justice Rothwell presided over the Decision, who found that there were procedural fairness concerns relative to the factual record due to the Plaintiffs inability to examine Anthony and his father (who was present at the murder) regarding what transpired, including, most notably, any conversations they may have had with Joseph. This was because the Case Management Justice declined to allow the Plaintiffs to examine Anthony and his father as a result of their outstanding criminal Appeals; however, both Appeals had since been dismissed by the Court of Appeal of Alberta.

This inability was deemed a valid reason preventing the Plaintiffs from putting “their best foot forward” in response to Joseph’s Application, a cornerstone of Rule 7.3. The Court emphasized the need for procedural fairness and decided to adjourn Joseph’s Application, allowing the Plaintiffs time to conduct necessary examinations.