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?
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