Repa v Alberta (Director of SafeRoads), 2021 ABQB 633

Court of Queen’s Bench of Alberta Citation: Repa v Alberta (Director of SafeRoads), 2021 ABQB 633 Date: 20210810 Docket: 2101 00893 Registry: Calgary Between: Eric Repa Applicant - and - Director of 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 Repa v Alberta (Director of SafeRoads) , 2021 ABQB 526 [ Repa #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 by Eric Repa [Mr. Repa] on January 19, 2021. The Application challenged a SafeRoads Alberta Decision reported as Repa (Re) , 2020 ABSRA 1 .

In Repa #1 , I concluded at paras 17-18 that the January 19, 2021 filing was a prima facie abuse of the Court because that document failed to provide adequate pleadings.

[ 2 ] Mr. Repa 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 21, 2021 received a candidate Form 7 Amended Originating Application from Counsel for Mr. Repa. 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 Repa #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. Repa shall file the candidate Amended Originating Application received by the Court on July 21, 2021. The interim stay imposed in Repa #1 at para 19 is vacated. [ 5 ] Counsel for the Director observes that the Form 8 Notice to Obtain Record of Proceedings should name the Respondent as “Director of SafeRoads of Alberta”. Mr.

Repa is ordered to file an Amended Notice to Obtain Record of Proceedings that makes this change. [ 6 ] In light of the outcome of this SAARP process no costs are ordered against either party. Counsel for Mr. Repa will prepare the Order giving effect to this Memorandum of Decision. Dated at the City of Calgary, Alberta this 10 th day of August, 2021. J.D. Rooke A.C.J.C.Q.B.A. Appearances: Katherin J. Beyah Foster Iovinelli Beyak Kothari for the Applicant Eric Repa Michael A. Power Alberta Justice and Solicitor General for the Respondent Director of SafeRoads Alberta