HUFFMAN v ALBERTA (DIRECTOR OF SAFEROADS)

The Applicant applied for Summary Dismissal of the Respondent’s Originating Application for Judicial Review pursuant to Rules 7.2 and 7.3, which allows the Court to give Judgment when admissions of fact are made in a pleading and where there is no merit to the claim.

The Respondent had applied for Judicial Review of a decision outside the 30-day time limitation stipulated in the Provincial Administrative Penalties Act (the “Act”).

Justice Lee noted that the Court cannot extend or shorten a statutory time limit unless the statute gives it that power (Kehewin Cree Nation v Mulvey, 2013 ABCA 294). As a result, the Court granted Alberta’s Application for Summary Dismissal.