This was an Application for permission to Appeal pursuant to Rule 14.5(1)(b), where the Applicant challenged a Case Management Justice’s Decision to allow a family law Application to proceed in morning chambers.

The Court reviewed the test for permission to Appeal, as applied in Pander v Chopra, 2023 ABCA 249. The Court emphasized the broad discretion granted to Case Management Justices under Rules 4.13 and 4.14(c) to manage Actions for fair and efficient conduct and resolution. The Court held that the Applicant failed to establish a serious legal question or a reasonable chance of success. Furthermore, the matter was moot as the original Application was already heard, and the Applicant's late submission of additional materials did not comply with Rule 14.40(2).

For the reasons outlined above, the Court held the Applicant failed to meet the legal test, and the Application for permission to Appeal was denied.