Grisak v Alberta (Director of SafeRoads), 2021 ABQB 626

Court of Queen’s Bench of Alberta Citation: Grisak v Alberta (Director of SafeRoads), 2021 ABQB 626 Date: 20210809 Docket: 2101 03633 Registry: Calgary Between: Cooper Grisak Applicant - and - Director of SafeRoads Alberta Respondent _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice J.D.

Rooke _______________________________________________________ [ 1 ] On July 13, 2021, this Court, in a decision reported as Grisak v Alberta (Director of SafeRoads) , 2021 ABQB 534 [ Grisak #1 ], applied the SafeRoads Alberta Accelerated Review Procedure [SAARP] to a document titled “Originating Application - Notice of Appeal/Reference Under an Enactment” [Application], that was filed on April 1, 2021 by Cooper Grisak [Mr. Grisak]. The Application challenged a SafeRoads Alberta Decision issued on March 8, 2021.

In Grisak #1 , I concluded at paras 17-18 that the April 1, 2021 filing was a prima facie abuse of the Court because that document failed to provide adequate pleadings. [ 2 ] Mr. Grisak 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 Court on July 13, 2021 received a candidate Form 7 Amended Originating Application from Counsel for Mr. Grisak. Counsel for the Director of SafeRoads Alberta [Director] in Written Submissions dated August 3, 2021 submitted that the candidate Amended Originating Application corrected the pleading deficiencies identified in Grisak #1 . I have reviewed the candidate Amended Originating Application and agree with the Director that the candidate Amended Originating Application is a valid pleading that is not an abuse of the Court. [ 4 ] I order that Counsel for Mr.

Grisak shall file the candidate Amended Originating Application received by the Court on July 13, 2021. The interim stay imposed in Grisak #1 at para 19 is vacated. [ 5 ] Counsel for the Director observed that the candidate Amended Originating Application should be amended to name “Director of SafeRoads Alberta” as the Respondent. I order that change made prior to filing of the candidate Amended Originating Application. Counsel for the Director also observes that the Form 8 Notice to Obtain Record of Proceedings should name the Respondent as “Director of SafeRoads of Alberta”. Mr.

Grisak is ordered to file an Amended Notice to Obtain Record of Proceedings that makes this change. [ 6 ] I also note that Mr. Grisak’s name is inconsistent between the original Originating Application and the candidate Amended Originating Application. [ 7 ] In light of the outcome of this SAARP process no costs are ordered against either party. Counsel for Mr. Grisak will prepare the Order giving effect to this Memorandum of Decision. Dated at the City of Calgary, Alberta this 9 th day of August, 2021. J.D. Rooke J.C.Q.B.A. Appearances: Timothy Foster Q.C.

Foster Iovinelli Beyak Kothari for the Applicant Cooper Grisak Rachelle K. Roberts Alberta Justice and Solicitor General for the Respondent Director of SafeRoads Alberta