12.71: Appeal from decision of Court of Queen’s Bench sitting as appeal court

Case Summary

The Applicant sought leave to appeal a Decision of the Court of Queen’s Bench sitting as an Appeal Court under the Family Law Act, pursuant to Rule 12.71. The Respondent had successfully appealed a Provincial Court Decision to the Court of Queen’s Bench and had obtained the reinstatement of a shared parenting arrangement. The Appellant sought to Appeal the Queen’s Bench Decision to the Court of Appeal.

Justice McDonald reviewed the test for leave to Appeal, stating that the Applicant must show that:

a) there is an important question of law or precedent;

b) there is a reasonable chance of success on appeal; and

c) the delay will not unduly hinder the progress of the action or cause undue prejudice.

Upon review of the facts, His Lordship determined that the Applicant met the test for Leave to Appeal and Leave to Appeal was granted.

View CanLII Details