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Reinink v Alberta (Labour Relations Board)
  • Background:

    • Renxian Reinink filed two applications: one to extend the time to appeal a 2019 decision dismissing her judicial review application and another for a restricted court access order.
    • Both applications were denied in February 2024 by Justice Antonio.
  • Issue:

    • Reinink argued the denial was unfair as she did not receive the respondent's written submissions in advance due to an administrative error.
    • The respondent acknowledged the error but argued Reinink should have known about the filings via an automated court email.
  • Key Legal Considerations:

    • Permission to Appeal: Under Rule 14.5(2), permission requires demonstrating a compelling reason for a panel review.
    • Factors include:
      • Strength of the argument.
      • Importance of the issue to the parties.
      • Broader legal significance.
  • Decision:

    • While the lack of service was noted as significant, the respondent later provided the missing materials, and Reinink was allowed to submit further arguments.
    • Her further submissions did not alter the court's findings:
      • Extension of Time: No special circumstances, such as the COVID-19 pandemic, justified her delay in appealing.
      • Restricted Court Access: No exceptional circumstances were established for this order.
    • The court found no reasonable chance of success for the appeal.
  • Outcome:

    • Application for permission to appeal denied.
    • No monetary award specified.
Renxian Reinink
Law Firm / Organization
Self Represented
Alberta Labour Relations Board
Law Firm / Organization
Alberta Labour Relations Board
Health Sciences Association of Alberta
Law Firm / Organization
Not specified
Lawyer(s)

D. Scott, KC

Court of Appeal of Alberta
2301-0301AC
Labour & Employment Law
Not specified/Unspecified
Respondent