SlatTer JA

14.4: Right to appeal
14.5: Appeals only with permission
14.8: Filing a notice of appeal

Case Summary

The Applicants, Wang, applied for an extension of time to appeal five Orders of the Court of Queen’s Bench which were pronounced in 2015. A single Judge of the Court of Appeal granted an extension of time with respect to one issue only. The Applicants then sought leave under Rule 14.5(1)(a) to appeal the Decision of the single Judge to a full panel of the Court of Appeal. The underlying issue in the Queen’s Bench action concerned the right of inspectors from Alberta Health Services (“AHS”) to inspect rental units and whether AHS was required to obtain permission from the property owner, or the tenants, or both.

Slatter J.A. noted that, pursuant to Rule 14.8(2)(a)(iii), Orders of the Court of Queen’s Bench must be appealed within one month of their pronouncement. The Applicants were out of time with respect to all five Orders they sought to appeal. Slatter J.A. stated that permission to appeal a Decision of a single Appeal Judge cannot be on the grounds that the Applicant wishes to reargue the motion before a full panel. The Applicant, under this rule, must demonstrate a reviewable and material issue of law worthy of review and must demonstrate that it is in the interests of Justice that this further level of review is warranted.

Justice Slatter determined that while the Applicant’s Memorandum of Argument contained several concerns with the conduct of the Public Health Inspectors, they offered no explanation as to why they waited two years before launching their Appeal. His Lordship concluded that providing some acceptable explanation for the delay is critical to obtaining relief. The Application was dismissed.

View CanLII Details