Resler v. Anglin

canada, canadian, case law, court opinion, canlii, csc-scc, 2026scc23, 2026 scc 23 (canlii), 2026, scc, 23, (canlii), 41298, 2026, procedure, pleadings, motion to strike, collateral attack, abuse of process, whether damages claim impermissibly circumvents controverted elections procedure, prior judicial review proceedings and relitigation concerns, alberta rules of court, alta. reg. 124/2010, r. 3.68, plain and obvious test, claim allowed to proceed, appeal dismissed, constitution, parliamentary privilege, legislative assembly membership, whether broadly framed privilege bars civil damages claim against election officer, claim accepts election result and seeks monetary compensation only, privilege not engaged where composition of legislative assembly not challenged, canada (house of commons) v. vaid, necessity and sphere of activity, privilege rejected, appeal dismissed, statutory interpretation, statutory immunity, election act, r.s.a. 2000, c. e, 1, s. 5.1(1), whether “good faith” immunity bars proceedings alleging bad faith, text, context and purpose of immunity clause, controverted elections provisions not suited to personal remedy, immunity inapplicable to bad faith alleged, civil claim not precluded, appeal dismissed, civil liability, torts, misfeasance in public office, trespass to chattels, whether pleadings sufficiently allege bad faith and material damage, odhavji estate v. woodhouse elements applied, election, related misconduct not incompatible with tort, loss of chance damages left for merits, not struck, claim reinstated except malicious prosecution, appeal dismissed