Siksika Health Services (“Siksika”) applied for a Stay of an Order of the Alberta Labour Relations Board regarding certification of the Health Sciences Association of Alberta as bargaining agent for ambulance drivers employed by Siksika, pending Judicial Review. The Defendant Alberta Health Sciences Association argued that the Application should be dismissed on the basis of res judicata.

Macleod J. considered Rule 3.23 and the three part test for a Stay which involved a consideration of whether there is a serious question to be tried; whether the applicant will suffer irreparable harm if the relief is not granted; and what is the balance of convenience between granting and refusing the remedy.

Justice Macleod held that the test was met for a Stay, and granted Siksika’s Application.