BEHRISCH v BEHRISCH, 2024 ABCA 101

FETH JA

14.5: Appeals only with permission
14.37: Single appeal judges

Case Summary

The Application was regarding permission to appeal a Consent Order granted during an early intervention case conference and to extend the time for filing the Appeal. This case involved a family law matter between a husband and wife with five children.

The Court reviewed Rule 14.5(1) and Rule 14.37. According to Rule 14.5(1)(d), an Appeal of a Consent Order requires permission to appeal. The Applicant must show that the Appeal raises an important legal question, has a reasonable chance of success, and any delay will not hinder the progress of the case or cause prejudice. Rule 14.37(2) allows for an extension of time to file an Appeal Application. The Court considered the factors outlined in Wandler v Crandall, 2017 ABCA 115, and concluded that an extension was justified in this case.

The Applicant's health issues and the timing of receiving the Consent Order significantly affected her ability to file the Appeal on time. The Court found that granting an extension is in the interest of justice. The Application also met the requirements for permission to appeal under Rule 14.5(1).  The Applicant’s request for an extension of time to file her permission to Appeal the Application was granted, along with the permission to Appeal the Consent Order.

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