ALLEN v UNIVERSITY OF LETHBRIDGE STUDENTS’ UNION, 2013 ABCA 176
PAPERNY, O'BRIEN AND O'FERRALL JJA
Rule 515.1: General Appeal List
The Respondent, University of Lethbridge Students’ Union, made an Application for an Order dismissing the Appeal filed by the Appellant, Rhonda Allen, for want of prosecution. The Appeal was from an Order made by a Queen’s Bench Justice declaring the Appellant to be a vexatious litigant and prohibiting her from instituting any further proceedings without leave of the Court. The Appellant’s Notice of Appeal and Appeal Record were both filed; however, no Factum was filed even though the Appellant was required to do so within sixty days of the preparation of the Appeal Record, pursuant to Rule 538(1).
The Court noted that Rule 515.1(8) provides that a Civil Appeal may be dismissed for want of prosecution by the Court at any time before or after six months from the date when a Notice of Appeal is filed. The Court considered Wong v Chambers, 2011 ABCA 278, at para. 5, which set out relevant factors that the Court may consider on an Application to dismiss an Appeal for want of prosecution. These factors include:
- The length of the delay, and the adequacy of any explanation;
- The merits of the Appeal;
- Whether previous rulings about timelines and prosecution of the Appeal have been breached;
- Whether indulgences regarding the prosecution of the Appeal have previously been granted;
- Any prejudice to the other party; and
- Whether the Appeal is just one component of a larger manifestation of improper litigation.
The Court noted that it had received no adequate explanation from the Appellant for her delay in filing a Factum and the Appellant’s conduct as a litigant militated against granting any indulgence by way of an extension of time. The Court was also not satisfied that the Appeal was meritorious. The Respondent’s Application was granted and the Appeal was dismissed.View CanLII Details