The Alberta Energy Regulator (“AER”) sought a Stay of Enforcement of the Decision in Orphan Well Association v Grant Thornton Ltd, 2017 ABCA 124 (CanLII). The issue before the Court was whether or not a single Judge of the Court of Appeal has the jurisdiction to grant a Stay after a party has filed an Application for leave to appeal under Rule 25 of the Rules of the Supreme Court of Canada and Sections 40 and 58(1)(a) of the Supreme Court Act, RSC 1985, c S-26.

Justice Wakeling stated that Rule 14.48 of the Alberta Rules do not apply to an Application for a Stay of a panel Decision pending appeal to the Supreme Court of Canada. Rule 14.48 applies to Decisions of the Court of Queen’s Bench of Alberta pending appeal to the Court of Appeal and therefore had no application in this case. The Application was dismissed.