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Collateral Attack - Appeals. Resler v. Anglin
In Resler v. Anglin (SCC, 2026) the Supreme Court of Canada dismissed a defendant's SCC appeal, this brought against an Alberta CA ruling that allowed an appeal where the Alberta QB struck the plaintiff's "amended statement of claim in its entirety, finding that it amounted to an abuse of process, disclosed no reasonable cause of action and, in any case, the allegations had no reasonable chance of success given Resler’s common law and statutory immunities".
Here the notes that issues of collateral attack, abuse of process and parliamentary privilege are questions of law:[25] The issues raised in this appeal are questions of law, namely, whether the civil claim amounts to a collateral attack or an abuse of process, the existence and scope of parliamentary privilege, the statutory interpretation of the Election Act to determine whether Resler’s conduct is protected by immunity or whether the statute impliedly excludes civil claims, and whether the amended statement of claim discloses a reasonable cause of action (Métis Nation, at para. 31; 864503 Alberta Inc. v. Genco Place Properties Ltd., 2019 ABCA 80, 85 Alta. L.R. (6th) 72, at para. 28; Chagnon v. Syndicat de la fonction publique et parapublique du Québec, 2018 SCC 39, [2018] 2 S.C.R. 687, at para. 17; Pioneer Corp. v. Godfrey, 2019 SCC 42, [2019] 3 S.C.R. 295, at para. 57; Tuharsky v. O’Chiese First Nation, 2025 ABCA 267, 88 Alta. L.R. (7th) 87, at para. 17). Each of these questions therefore attract correctness review (Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at para. 8).
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