PERRY v ALBERTA (SENIORS, COMMUNITY AND SOCIAL SERVICES), 2025 ABKB 68
NEILSON J
3.15: Originating application for judicial review
3.16: Originating application for judicial review: habeas corpus
Case Summary
The Applicants (the “Perrys”) applied for Judicial Review of a decision by the Persons with Developmental Disabilities Appeal Panel (the “Appeal Panel”) on the basis that it was unreasonable. The Respondent submitted that the Perry’s Application should be dismissed because the Originating Application did not name or serve the Appeal Panel, in breach of Rules 3.15(2) and 3.15(3). Justice Neilson held that Rule 3.15 is a limitation period which is to be strictly interpreted. The Perrys unsuccessfully attempted to rely on Rule 3.16, which the Court held did not apply. Neilson J. found that the Originating Application was not served in accordance with the Rules and therefore ought to be struck, and that regardless, the Appeal Panel’s determination was reasonable.
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