This case concerned the Judicial Review of a public inquiry. The inquiry, led by a Commissioner appointed under the Public Inquiries Act, RSA 2000, c P-39, concluded with a final report submitted to the Minister of Energy on July 30, 2021, and published on October 21, 2021 (the “Report”). The Respondents filed an Originating Application for Judicial Review of the Report on April 20, 2022, and served same on the Director of Civil Litigation at Alberta Justice on April 21, 2022. This was the last day of the six-month limitation period for service, pursuant to Rule 3.15(2).

The Court was tasked with answering whether service of the Originating Application on the Director of Civil Litigation was effective service on the Commissioner in his statutory capacity under the Public Inquiries Act. Given that the Originating Application for Judicial Review alleged that the Commissioner exceeded his jurisdiction under the Order in Council’s terms of reference, Justice Hayes-Richards concluded that he was not to be served personally, but served as a statutory entity. However, the Commissioner, as a statutory entity, ceased to exist upon delivering the final Report on July 30, 2021. Neither the Commissioner personally nor the Commissioner statutorily had authority over whether or when the report would be issued; that authority rested solely with the Minister of Energy. The Court determined that after delivery of the Report to the Minister of Energy, it was the Crown or the Minister of Energy who had control over the statutory entity.

Therefore, service on the Director of Civil Litigation, who was authorized to accept service for the Crown, was sufficient pursuant to Rule 11.14(1)(a)(i).