BELLATRIX EXPLORATION LTD (RE), 2021 ABQB 85
14.5: Appeals only with permission
The Applicant sought leave to appeal a Decision of a Chambers Justice rejecting various submissions of the Applicant concerning the disposition of proceedings under the Companies' Creditors Arrangement Act, RSC 1985, c C-36, (the “CCAA”). The Application was mostly governed by section 13 of the CCAA, however the Court noted that Rule 14.5 also applied.
Pursuant to Rule 14.5(1)(f), a litigant may not appeal to the Court of Appeal from any Decision where “permission” to appeal is required by an enactment, in this case, by the CCAA. Justice Watson noted that there is no material difference between “leave” to appeal, as stated in the CCAA, and “permission” to appeal as provided by the Rules. The Court added that “permission” is a modern expression recently adopted in the Rules as the nomenclature for the gatekeeping functions to be performed by single Judges of the Court of Appeal.
The Court conducted an analysis of various provisions of the CCAA and relevant case law, and dismissed the Application for leave to appeal.View CanLII Details