Can an Administrator bring an application to invoke the provisions of Rules 244 and 244.1?
Alberta, Canada
The following excerpt is from Oberg v. Rist, 2003 ABQB 813 (CanLII):
Accordingly, I find that the Administrator did satisfy the condition precedent and that he did conduct an investigation sufficient to clothe himself with the statutory authority set out in s. 4(6), which allowed him to take any action the defendants could have taken. That included an application to invoke the provisions of Rules 244 and 244.1 as per Yaremchuk v. Haight. 2. If the Administrator had legal status to bring the application, was there a “standstill agreement” between the parties?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the rules applicable to an application for leave to take the next step? (Alberta, Canada)
What is the "pragmatic and functional approach" used to determine the deference applicable to an administrative tribunal on an application for judicial review? (Alberta, Canada)
Does the outcome of the Rule 129 application involving the Minister for Health and Social Development make a motion that militates against bifurcation? (Alberta, Canada)
Can steps taken by one party be considered in an application under the drop dead rule? (Alberta, Canada)
What is the legal test for whether a plaintiff can bring an application for judicial review of their claim? (Alberta, Canada)
What is the applicable law for a Summary Dismissal Application? (Alberta, Canada)
Can a solicitor be served as an agent under Rule 16 of the Scottish Rules of Civil Procedure? (Alberta, Canada)
Can a defendant bring an application to have a separate action for replevin consolidated? (Alberta, Canada)
What is the role of the Rules of Civil Procedure in the administration of civil justice in Canada? (Alberta, Canada)
What is the test for an application to appeal against a finding that an application is frivolous? (Alberta, Canada)
