ESFAHANI v SAMIMI, 2024 ABCA 387
WOOLLEY JA
9.4: Signing judgments and orders
14.5: Appeals only with permission
Case Summary
The Applicant sought permission to Appeal the Decision of the Case Management Judge suspending his parenting time, ordering a PN7 evaluative intervention, and requiring him to pay Costs. The Case Management Judge also barred him from making further leave Applications until the PN7 was complete.
The Court noted that because the Case Management Judge’s Decision prevented the Applicant from commencing or continuing proceedings, he was required to obtain permission to Appeal under Rule 14.5(1)(j). The Court held that the grounds of Appeal did not merit further consideration as the Applicant had not raised a question of law or precedent, and had not shown that he had a reasonable chance of success on appeal. The Application was dismissed, and the Court invoked Rule 9.4(2)(c).
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