Bettenson-Miller v Alberta (Director of SafeRoads), 2021 ABQB 759

Court of Queen’s Bench of Alberta Citation: Bettenson-Miller v Alberta (Director of SafeRoads), 2021 ABQB 759 Date: 20210922 Docket: 2103 06979 Registry: Edmonton Between: Kayla Bettenson-Miller Applicant - and - Director of SafeRoads Alberta Respondent _______________________________________________________ Memorandum of Decision of Associate Chief Justice K.G.

Nielsen _______________________________________________________ [ 1 ] On July 20, 2021, this Court, in a decision reported as Bettenson-Miller v Alberta (Director of SafeRoads) , 2021 ABQB 565 ( Bettenson-Miller #1 ), applied the SafeRoads Alberta Accelerated Review Procedure (SAARP) to an Originating Application, that was filed by Kayla Bettenson-Miller (Ms. Bettenson-Miller) on May 14, 2021.

The Originating Application challenged a SafeRoads Alberta Decision reported as Bettenson-Miller (Re) , 2021 ABSRA 245 . [ 2 ] In Bettenson-Miller #1 , I concluded, at paras 16-18 , that the Originating Application was a prima facie abuse of the Court because that document failed to provide adequate pleadings. Ms. Bettenson-Miller was given 14 days to either: 1) discontinue the Originating Application, 2) submit a candidate 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 27, 2021 received a candidate Amended Originating Application from Counsel for Ms. Bettenson-Miller. Counsel for the Director of SafeRoads Alberta (Director) provided Written Submissions concerning the validity of the candidate Amended Originating Application on August 10, 2021. Counsel for Mr. Bettenson-Miller requested a time extension to make Reply Submissions, which was granted. Those Reply Submissions were received from Ms. Bettenson-Miller on August 27, 2021.

That completes the SAARP process: Bettenson-Miller #1 at para 22 . [ 4 ] Counsel for the Director submits that Ms. Bettenson-Miller’s candidate Amended Originating Application corrects the pleadings deficiencies identified in Bettenson-Miller #1 , and, therefore, should be filed. I agree. The Director did note a number of ancillary issues, that in the candidate Amended Originating Application: 1) paragraph 21 does not seek the remedies permitted by legislation, certiorari and mandamus; and 2) paragraphs 23-25 do not provide full statute citations. [ 5 ] I direct that counsel for Ms.

Bettenson-Miller make these amendments. [ 6 ] Counsel for Ms. Bettenson-Miller shall file the candidate Amended Originating Application received by the Court on July 27, 2021, with the revisions identified above, by 14 days from the date of this Memorandum of Decision. If no Amended Originating Application, as instructed in this Memorandum of Decision, is filed by that deadline, then Ms.

Bettenson-Miller’s judicial review is struck out pursuant to r 3.68 of the Alberta Rules of Court , Alta Reg 124/2010 without further Court Order. [ 7 ] The interim stay imposed in Bettenson-Miller #1 at para 20 is vacated without further Court Order once the Amended Originating Application is filed within the 14-day deadline. [ 8 ] No costs result from this SAARP process. Counsel for Ms. Bettenson-Miller shall prepare the Order giving effect to this Memorandum of Decision. Dated at the City of Edmonton, Alberta thi s 22 nd day of September, 2021. K.G. Nielsen A.C.J.C.Q.B.A.

Appearances: Rory Ziv Ziv Law Group for the Applicant Kayla Bettenson-Miller Michael A. Power Alberta Justice and Solicitor General for the Respondent Director of SafeRoads Alberta