The Respondents applied, pursuant to Rules 3.68 and 7.3, to summarily dismiss or strike an Originating Application for Judicial Review filed by the Applicant. They argued that the Applicant filed and served the Originating Application outside of the timeframe prescribed by the Municipal Government Act, RSA 2000, c M-26 (the “Act”). The Respondent also opposed granting a fiat or backdating the filing date, arguing that the Court lacked discretion to extend the statutory deadline under the Act.

Johnston J. ordered that the Originating Application be struck as it was filed outside the 60-day limitation period prescribed by the Act. Relying on cases including Special Areas Board v ATCO Power Canada Ltd, 2018 ABQB 1035, which interpreted “date of decision” as the date notice is given, Johnston J. rejected the Applicant’s argument that the limitation period should run from the date the decision was “deemed received”.

The Court found no statutory authority under the Act to extend the limitation period or grant a fiat. In so doing, Justice Johnston commented that limitation periods are strict and cannot be varied without express legislative authority.

Johnston J. also declined to backdate the filing date, emphasizing that the email submission did not follow the urgent filing process. Justice Johnston noted that even if the filing date were backdated, the service requirement would still not have been met, as serving an unfiled copy would not constitute proper service.