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ARTICLE · 06 JULY 2020

Second Thoughts? Alberta Court Of Appeal Issues Rare Decision Reconsidering Prior Injunction Ruling

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

Blake, Cassels & Graydon LLP

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On June 29, 2020, in AC and JF v. Her Majesty the Queen in Right of Alberta, the Alberta Court of Appeal (ABCA) unanimously granted an application to reconsider a decision issued by the ABCA only nine months earlier.

CanadaGovernment, Public Sector
Dalton McGrath, K.C.
Dalton McGrath, K.C.
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On June 29, 2020, in AC and JF v. Her Majesty the Queen in Right of Alberta, the Alberta Court of Appeal (ABCA) unanimously granted an application to reconsider a decision issued by the ABCA only nine months earlier. The ABCA agreed that its prior ruling in Alberta Union of Provincial Employees v. Alberta (Prior Decision) met the test for reconsideration. In that ruling, the majority of the ABCA modified the test for granting an injunction to suspend the operation of legislation pending a ruling on its constitutionality.

Successful applications to reconsider prior ABCA decisions are extraordinarily rare. The ruling to reconsider the Prior Decision is one of only a handful of cases where the ABCA has agreed to reconsider one of its earlier decisions. In doing so, the ABCA signalled the need for clarity on the proper legal test for interim injunctions that seek to suspend the operation of new legislation. Increasingly, parties are resorting to the courts for

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