BASARABA v COLLEGE OF CHIROPRACTORS OF ALBERTA

The Applicant, Dr. Basaraba, received an interim suspension pursuant to the Health Professions Act, RSA 2000, c H-7. The Applicant applied to stay the suspension. That Application was denied by the Chambers Judge (the “Lower Court Decision”). The Applicant then appealed the Lower Court Decision within the one-month deadline pursuant to Rule 14.8(2)(a)(iii) (the “Chambers Appeal”). The Chambers Appeal was granted fast track status pursuant to Rule 14.4, which gave the Applicant one month from the date of filing to file and serve the Appeal Record and transcripts, pursuant to Rule 14.16(3)(a). The Applicant failed to meet this deadline.

Accordingly, the Registrar struck the Chambers Appeal, pursuant to Rule 14.64(a). Three months and ten days later, the Applicant applied to restore the Chambers Appeal, requesting a hearing date four months after the Appeal was struck.

The Court considered whether it ought to allow the Application to restore. This included consideration of whether the Application was made in a reasonably prompt manner, given that the Applicant missed the deadline to complete the Application to restore within three months of the Appeal being struck, as set by Rules 14.47 and 14.65.

The Applicant advised that he had always intended to pursue the Appeal but was experiencing medical and financial challenges. While the Court accepted that the Applicant had intended to continue the Appeal, Justice Friesen did not accept that the Applicant had a reasonable excuse for failing to follow the deadlines prescribed by the Rules. Friesen J.A. noted that, while self-represented litigants are not expected to meet the same practise standards as lawyers, pursuant to Rule 1.1(2), they are still required to know and follow the procedures and timelines set out in the Rules. The Application was not deemed to have been made promptly.

The Court went on to say that, even if the Applicant had provided a reasonable excuse for the delay, the Application would have failed in any event because the Chambers Appeal had no reasonable prospect of success. Therefore, the Application to restore the Chambers Appeal was dismissed.