BACON v GULLBERG, 2016 ABCA 62
14.14: Fast track appeals
14.17: Filing the Appeal Record – fast track appeals
14.64: Failure to meet deadlines
The Appellant, Bacon, applied to restore a Fast-Track Appeal relating to his child support obligations under Rule 14.14(2)(b). His Appeal had been struck pursuant to Rules 14.17(1) and 14.64(a), which provide that the Appeal Record for the case must be filed “not later than one month from the date on which the Notice of Appeal was filed”. The Case Management Officer had issued a letter by fax reminding counsel that the Appeal Record would be required by November 30, 2015. The price of the transcripts was not provided until after that date so the Appeal Record was not filed in time. Justice Watson noted that Rule 14.17(2) does permit the Appeal Record to be filed without the transcripts, if necessary, subject to a follow-up obligation to file and serve it as soon as possible thereafter.
Watson J.A. observed that there was no indication that the Respondent, Gullberg, had suffered any prejudice by the delay. Nonetheless, the Respondent argued that the striking of the Appeal was justified by the operation of the Rules and, more importantly, that the revival of the Appeal was inappropriate by virtue of the fact that the Appeal was devoid of arguable merit. The key question was whether it was in the interests of justice to restore the Appeal. Watson J.A. found no merit in the Appeal as there was no reasonable prospect that a panel of the Court of Appeal would interfere with the calculation of income for the Appellant’s support obligations. In the result, the Application for restoration of the Appeal was denied.View CanLII Details