This report address the problem of a person who wants judicial review of an administrative decision, action or refusal. There is a variety of procedures to choose from, but if the wrong choice is made there is the possibility of delay, incurred cost, and loss of remedy. This report recommends substituting the several existing procedures with one simple procedure in which the claimant can obtain any and all of the judicial review remedies to which he is legally entitled. The procedure proposed is an application commenced by originating notice and disposed of by summary procedure. The notice originating the application would contain a concise statement of the facts verified by affidavit or other evidence. It would be served on all interested parties and the Attorney General. If the claimant uses the wrong procedure, the Court could allow him to carry on under the correct procedure. The conversion could be directed either if the claimant mistakenly uses the new procedure when it does not apply or mistakenly uses another procedure when the new procedure does apply. This procedure would extend the Court’s powers in four ways. The Court’s existing power to declare a decision invalid would be extended so that it could also set the decision aside. The Court would have power to refer an administrative decision back to the person who made it for reconsideration in accordance with the Court’s directions. The Court would have discretion to grant interim relief regardless of the remedy sought. The Court would have power to cure a defect in form or a technical irregularity where there has been no substantial wrong or miscarriage of justice. The procedure is recommended to be established by the Alberta Rules of Court and statutory validation.
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