BRODA v HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA, 2021 ABQB 402
14.5: Appeals only with permission
The Applicant sought permission from Justice Greckol to appeal Her Ladyship’s previous Decision dismissing the Applicant’s previous Application to restore a prior Appeal.
Justice Greckol dismissed the Appeal. Pursuant to Rule 14.5(1)(a), no Appeal is allowed to the Court of Appeal from a Decision of a single Appeal Judge, unless permission to appeal is granted. Rule 14.5(2) states that permission to appeal decisions of a single Appeal Judge must be sought from the same Judge who made the Decision that is to be appealed.
The Court held that, in order to be successful, the Applicant must satisfy the Appeal Judge that there are bona fide reasons for a full panel of the Court to review the Order under appeal. Review may be justified where the Decision:
(a) raises a question of general importance which on its own deserves panel review;
(b) rests on a reviewable and material issue of law worthy of panel review;
(c) involves an unreasonable exercise of discretion which had a meaningful effect on the outcome of the decision and the outcome is worthy of panel review; or
(d) rests on a palpable and overriding error of important facts affecting the Order made and the Order is worthy of panel review.
The Court of Appeal held that the Appeal did not raise questions of general importance deserving of a panel review. Greckol J found that many of the arguments raised by the Applicant had already been argued in a prior Appeal Decision. The Court also determined that the Applicant’s claim was one of personal importance, as opposed to general importance.View CanLII Details