BISSKY v MACDONALD, 2020 ABCA 138
14.47: Application to restore an appeal
14.65: Restoring appeals
Having been declared a vexatious litigant, the Applicant was subject to an Order restricting access to the Alberta Courts. In part, the Order imposed a leave requirement for the Applicant’s access to further Court process, and also specifically prohibited the Applicant from advancing litigation against the Respondent absent sworn proof of payment of “any Alberta Court costs awards” outstanding in favour of the Respondent.
Initially, the Applicant sought permission to Appeal a family law matter involving the Respondent. Justice Rowbotham conditionally granted that permission subject to posting Security for Costs. Upon the Applicant failing to post Security for Costs, the Appeal was struck, and then subsequently deemed abandoned in accordance with Rule 14.65.
The Applicant then sought leave to bring an Application to restore the Appeal. Justice Rowbotham considered the Order of Security for Costs to be an “Alberta Court costs award” as contemplated in the Order restricting the Applicant’s Court access, and noting that such award remained unpaid, dismissed the Application. Justice Rowbotham reasoned in the alternative that an Application for restoration of the Appeal, pursuant to Rule 14.47, would not succeed.View CanLII Details