The Applicant advanced an Application for Judicial Review of the Respondent’s decision to dismiss the Applicant from a residency program at the University of Alberta. The
Applicant alleged that the decision was unreasonable and procedurally unfair.

In considering the Application for Judicial Review, the Court provided an overview of what materials the Rules require that a party file when initiating an application. Justice Mah noted that Rule 3.15 requires that an application must be filed as an Originating Application, and that the requirements for an Originating Application are set out in Rule 3.8: the Applicant must state their claim, the basis for it, the remedy sought, and identify the evidence relied upon in support of their application.

During the course of the steps leading up to the Application, the Applicant filed further supplemental briefs and materials without seeking leave of the Court to do so, as required by Civil Practice Note 1. While the Respondents noted that the Applicant was acting in non-compliance, they did not take any issue with the Court being provided with the additional material. Although Rule 3.8 provides that the Application must identify the evidence to be relied upon when it is initially filed, Rule 3.22 permits the Court to receive additional evidence at its discretion. As such, the Applicant’s supplemental material was permitted to be considered as part of the Application.