ALBERTA TREASURY BRANCHES v HOK, 2018 ABQB 316
6.14: Appeal from master’s judgment or order
The Applicant, Shirley Anne Hok (“Ms. Hok”) was subject to a vexatious litigant Order which prevented her from commencing an Appeal without leave from the Court. Ms. Hok was a Defendant in a foreclosure Action commenced by the Respondent bank, and she applied for permission from Chief Justice Moreau to appeal a listing Order granted by Master Birkett. One of Ms. Hok’s proposed grounds of Appeal was that the Master was biased and that the hearing was procedurally unfair.
Chief Justice Moreau noted that if Ms. Hok’s Appeal had merit, it would potentially be appropriate to extend the deadline for the Appeal of a Master’s Decision as set out in Rule 6.14 given the time and documentary requirements to prepare a leave Application.
However, Moreau C.J. reviewed Ms. Hok’s Application and supporting Affidavit and found that the materials did not demonstrate that the proposed Appeal was a valid litigation step. Specifically, Ms. Hok claimed bias and procedural unfairness but did not provide a transcript of the hearing before Master Birkett. Chief Justice Moreau noted that, generally, a vexatious litigant seeking leave to Appeal a Master’s Decision will need to provide the record of proceedings as defined by Rule 6.14(4) so that the Court can evaluate the merit of the Appeal. Ms. Hok’s Application was dismissed.
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