Macleod J

3.15: Originating application for judicial review

Case Summary

The Applicant sought a Judicial Review of a decision of the Calgary License and Community Standards Appeal Board (“Appeal Board”), which affirmed the revocation of the Applicant’s taxi plate licences for several breaches of the Livery Transport Bylaw, 6m2007. The Appeal Board gave its reasons for decision orally on October 28, 2014, and issued a written decision on December 11, 2014. The Application for Judicial Review was filed on June 4, 2015, and served June 5, 2015.

The Respondent asserted that the Application for Judicial Review was not brought within the limitation period in Rule 3.15(2) which requires that an Originating Application for Judicial Review to be filed and served “within 6 months after the date of the decision or act”. Justice Macleod noted that the Appeal Board procedural manual required written reasons of its Decision where the rights of a party are adversely affected. Accordingly, the Decision was only final when the Parties were provided the written reasons, and thus, the limitations date in Rule 3.15(2) began to run on December 11, 2014. The Originating Application for Judicial Review was therefore brought in time. Nonetheless, the Applicant failed to demonstrate that his defence was prejudiced for want of procedural fairness, or that the Manager and Hearing Officer had made a reviewable error. As such, the Application was dismissed.

View CanLII Details