14.5: Appeals only with permission

Case Summary

The self-represented Plaintiff applied for permission to appeal a Case Management Justice’s Decision, in which he was denied leave to apply to vary child support. Permission to Appeal was required pursuant to Rule 14.5(1)(j) because the Applicant had previously been declared a vexatious litigant.

In determining whether to grant permission to Appeal, Justice Martin reviewed the test for obtaining permission to Appeal pursuant to Rule 14.5. The Applicant must show that an important question of law or precedent exists; that the Applicant has a “reasonable chance of success” in the Appeal, and that the delay would not cause undue prejudice or unduly hinder the progress of the Action. Her Ladyship also noted that because the Applicant had been declared a vexatious litigant, the test under Rule 14.5 must operate along with the test pursuant to s. 23.1(7) of the Judicature Act, RSA 2000, c J-2 which requires an Applicant to have an arguable case. Justice Martin noted that the test for an arguable case under s. 23.1(7), and the test for a reasonable chance of success under Rule 14.5 are the same.

Ultimately, Her Ladyship held that the Applicant had demonstrated a material change in circumstances and a significant question of law and precedent, and that he had met the “low bar” for an arguable case. Additionally, the elements of potential injustice or delay were not at issue. The Application for permission to appeal was granted.

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