Brar v Alberta (Director of SafeRoads), 2021 ABQB 676

Court of Queen’s Bench of Alberta Citation: Brar v Alberta (Director of SafeRoads), 2021 ABQB 676 Date: 20210823 Docket: 2103 02693 Registry: Edmonton Between: Kashmir Brar Applicant - and - The Director of SafeRoads Alberta Respondent _______________________________________________________ Memorandum of Decision of Associate Chief Justice K.G.

Nielsen _______________________________________________________ [ 1 ] On July 21, 2021, this Court, in a decision reported as Brar v Alberta (Director of SafeRoads) , 2021 ABQB 568 ( Brar #1 ), applied the SafeRoads Alberta Accelerated Review Procedure (SAARP) to an Originating Application (Application), that was filed by Kashmir Brar (Mr. Brar) on April 20, 2021. The Application challenged a SafeRoads Alberta Decision reported as Brar (Re) , 2021 ABSRA 141 .

In Brar #1 , I concluded at paras 16-19 that the Originating Application was a prima facie abuse of the Court because that document failed to provide adequate pleadings. [ 2 ] Mr. Brar 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 Amended Originating Application from Counsel for Mr. Brar. 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 Brar #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.

Brar shall file the candidate Amended Originating Application received by the Court on July 21, 2021. The interim stay imposed in Brar #1 at para 19 is vacated. [ 5 ] In light of the outcome of this SAARP process no costs are ordered against either party. Counsel for Mr. Brar will prepare the Order giving effect to this Memorandum of Decision. Dated at the City of Edmonton, Alberta thi s 23 rd day of August, 2021. K.G. Nielsen A.C.J.C.Q.B.A. Appearances: Ravi Prithipaul, Q.C. Prithi Law for the Applicant Kashmir Brar Michael A.

Power Alberta Justice and Solicitor General for the Respondent Director of SafeRoads Alberta