Merservia v Alberta (Director of SafeRoads), 2021 ABQB 587

Court of Queen’s Bench of Alberta Citation: Merservia v Alberta (Director of SafeRoads), 2021 ABQB 587 Date: 20210727 Docket: 2101 02854 Registry: Calgary Between: Breanne Merservia Applicant - and - SafeRoads Alberta Respondent _______________________________________________________ Memorandum of Decision of the Associate Chief Justice J.D.

Rooke _______________________________________________________ [ 1 ] On July 8, 2021, this Court, in a decision reported as Merservia v Alberta (Director of SafeRoads) , 2021 ABQB 524 [ Merservia #1 ], applied the SafeRoads Alberta Accelerated Review Procedure [SAARP] process to an Originating Application filed by Breanne Merservia on March 1, 2021, that named SafeRoads Alberta as the Respondent. In Merservia #1 , I concluded at paras 14-15 that the Originating Application was a prima facie abuse of the Court because the Originating Application failed to provide adequate pleadings.

[ 2 ] The Applicant was given 14 days to either: 1) discontinue the Originating Application, 2) submit an Amended Originating Application, or 3) provide an up to ten-page Written Submission to explain why the Originating Application is a valid action. [ 3 ] The deadline for the SAARP response has passed without any response. I, therefore, strike out the Docket 2101 02854 pursuant to Merservia #1 para 14 (2) as an abuse of the Court. Ms.

Merservia is ordered to pay $1,000 in costs to the Director of SafeRoads Alberta, forthwith. [ 4 ] Counsel for SafeRoads Alberta will prepare the Order giving effect to this Memorandum of Decision. The Applicant’s approval of that Order is dispensed with, pursuant to Rule 9.4(2)(

c) of the Alberta Rules of Court . Dated at the City of Calgary, Alberta this 27 th day of July, 2021. J.D. Rooke A.C.J.C.Q.B.A. Appearances: None