P.L. v. Alberta, 2012 ABQB 485

Court of Queen ’ s Bench of Alberta Citation: P.L. v. Alberta, 2012 ABQB 485 Date: 20120727 Docket: 1003 09557 Registry: Edmonton Between: P.L. Plaintiff - and - Her Majesty the Queen In Right of Alberta, Thomas Svekla, Mona and John Doe Defendants Restriction on Publication Identification Ban – See the Child Welfare Act ,

section 25 (as in force immediately before November 1, 2004). Except with the consent of the Court, no one may publish any report of a proceeding regarding a child under this Act that discloses the name or identifying information of the child or the child ’ s guardian. NOTE: This judgment is intended to comply with the restriction so that it may be published. Restriction on Publication Identification Ban – See the Child, Youth and Family Enhancement Act ,

section 126.2. No one may publish the name or photograph of a child, or of the child's parent or guardian, in a manner that reveals that the child is receiving, or has received, intervention services. NOTE: This judgment is intended to comply with the restriction so that it may be published.

_______________________________________________________ Reasons for Judgment of the Honourable Mr. Justice R.A. Graesser _______________________________________________________ I. Introduction [ 1 ] This decision follows a further application by counsel to settle the terms of the order arising out of my decisions in this matter in P.L. v. Alberta , 2012 ABQB 309 and P.L. v. Alberta , 2012 ABQB 383 . [ 2 ] That application was heard in conjunction with an application in J.O.(et al) v.

Her Majesty the Queen in Right of Alberta (et al) , Action No. 1003 09557 which raised issues similar to those in this litigation. [ 3 ] In hearing the arguments in the J.O. matter, it became clear to me that I was in error in several of my rulings in P.L. v. Alberta , 2012 ABQB 383 . I intend to correct those errors here. II. Law [ 4 ] I faced a similar situation in Evans v. The Sports Corporation , 2011 ABQB 478 . In that case, I had mis-stated certain of the evidence relating to damages. Relying on Rules 9.12-9.14 of the Alberta Rules of Court , Alta.

Reg. 124/2010, I corrected the errors I considered that I had made. Those rules provide: Correcting mistakes or errors (A) 9.12 On application, the Court may correct a mistake or error in a judgment or order arising from an accident, slip or omission. Re-opening case (B) 9.13 At any time before a judgment or order is entered, the Court may (

i) vary the judgment or order, or (ii) on application, and if the Court is satisfied there is good reason to do so, hear more evidence and change or modify its judgment or order or reasons for it. Further or other order after judgment or order entered (C) 9.14 On application, the Court may, after a judgment or order has been entered, make any further or other order that is required, if

(

i) doing so does not require the original judgment or order to be varied, and (ii) the further or other order is needed to provide a remedy to which a party is entitled in connection with the judgment or order. [ 5 ] Here, the order has not been entered, and I am satisfied that I have the jurisdiction to correct any errors, particularly under R. 9.13(a). III. Corrections [ 6 ] The area to be corrected relates to my application of K.L.B v. British Columbia , [2003] SCC 51 to the proposed amendments to the Statement of Claim. [ 7 ] In P.L. v. Alberta , 2012 ABQB 383 at para. 32 , I disallowed the addition of proposed paras. 9a(j), (

v) and (

w) on the basis that "what the public is told or how the public perceives the situation is not relevant". [ 8 ] In fact, in K.L.B. , the Supreme Court referenced public perception at paras. 25, 27 and 75. In light of the Supreme Court's comments in this regard, paras. 9a(j), (

v) and (

w) should not have been ordered struck. I now hold that they may remain in the Statement of Claim as being relevant to the vicarious liability aspects of the matter. Heard on the 5 th and 8 th days of March, 2012. Dated at the City of Edmonton, Alberta this 26 th day of July, 2012. R.A. Graesser J.C.Q.B.A. Appearances: Robert P. Lee Strathcona Law for the Plaintiff

G. Alan Meikle, Q.C., Peter Barber and Kate Bridgett Alberta Justice for the Defendants