BISSKY v MACDONALD, 2022 ABKB 774
14.5: Appeals only with permission
The Applicant applied for leave to pursue a child support Order (the “Leave Application”). The Applicant was previously declared a vexatious litigation and was prohibited from initiating any Application in the Alberta Court of King’s Bench without leave of the Court.
The Court noted that a person subject to Court access control is presumed to engage in illegitimate litigation unless the Court is satisfied otherwise. A person subject to Court access restrictions must establish reasonable grounds for the litigation, and depose fully and completely as to the facts and circumstances surrounding the proposed claim or proceedings.
The Court rejected the Leave Application. The Applicant did not provide an Affidavit under oath and the Court determined that the Applicant’s claim that “there isn’t a child support order in place” was false. The Court also determined that the Applicant’s claim was a collateral attack on a previous Consent Order, to which the Applicant had previously agreed.
The Court also noted that there is no Appeal to the Alberta Court of Appeal when an Application for leave to Appeal is rejected pursuant to Rule 14.5.View CanLII Details