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Rule Details

FEENEY v HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA

Citation 2021 ABCA 185
Court Court of Appeal of Alberta
Year 2021
Justice STREKAF JA

Rules Discussed

  • Rule 3.68 Court options to deal with significant deficiencies
  • Rule 14.36 Case management officers

Case Summary

The Plaintiff/Appellant applied to, among other things, direct that this Appeal be heard prior to two corresponding Appeals. Rooke A.C.J., in the decision below, held that the Plaintiff/Appellant’s Application to file an Originating Application to judicially review an earlier decision which found the Plaintiff/Appellant’s Application to be an Apparently Vexatious Application or Proceeding (“AVAP”) under Rule 3.68 was a collateral attack on corresponding Actions. The Court of Appeal Case Management Officer determined that the various Appeals being advanced would be heard on the same day. Strekaf J.A. confirmed that the procedural decision of the Court of Appeal Case Management Officer fell within the mandate of the Case Management Officer under Rule 14.36, and that the Appeals would be heard on the same day.

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