The Applicant submitted an Originating Application for Judicial Review of a decision to deny membership in the Real Estate Association of Edmonton after a disciplinary suspension.

Justice Mandziuk noted that Rule 3.15(3)(b) states that an Originating Application must be served on “the Minister of Justice and Solicitor General or the Attorney General for Canada, or both, as the circumstances require”. There was no evidence that notice was given to either the Minster of Justice and Solicitor General or to the Attorney General of Canada. Justice Mandziuk interpreted “as the circumstances require” to mean a choice to serve either the provincial or federal government or both, rather than the discretion to serve or not. Ultimately His Lordship held that the Originating Application for Judicial Review failed for multiple reasons — Rule 3.15 was not complied with, and further, the Application failed the relevant common law test.