EQUITABLE TRUST COMPANY v LOUGHEED BLOCK INC, 2012 ABCA 171
PAPERNY, McDONALD AND O'FERRALL JJA
Rule 518: Powers of Court
After the Court of Appeal issued a Memorandum of Judgment, one of the Respondents at the Appeal brought an Application seeking the Court’s leave to re-argue the Appeal. The Court was provided with written argument from both counsel and received the transcript of the oral argument from the Appeal Hearing.
The Court of Appeal confirmed that the test for leave to re-argue requires exceptional, special or unusual circumstances and is generally to be discouraged. Further, when it is alleged that a Court overlooked or misapprehended evidence, the Applicant is required to show that the overlooked or misapprehended evidence would have affected the outcome. The Applicant must provide support for the allegation that the Court misled itself or was misled, having regard to the Record or the issues raised. The Court also specified that disagreement by the Appellant with findings did not warrant leave to re-argue.
In this case, the Respondent (Applicant on the Motion to re-argue) satisfied the Court of Appeal that the case fell within the narrow exception, as evidence might have been misapprehended with respect to knowledge of both parties; therefore, leave was granted to fully re-argue the Appeal.View CanLII Details