The Respondent in the Appeal, Applicant in the instant Application, Brion Energy Corporation (“Brion”), applied for advice and direction with respect to the prosecution of the Appeal of a Decision of the Alberta Energy Regulator. Brion argued that the Appeal could risk the approval of a multimillion dollar project and, as such, it would be prejudiced if the Appeal was not prosecuted diligently. The Appellant, Fort McKay First Nation, argued that, because the Appeal raised important issues, it should have sufficient time to develop the necessary record and arguments.

Slatter J.A. held that it was an underlying objective of the Rules of Court to ensure that all Appeals are dealt with diligently. The Appellant argued that it should be allowed the maximum amount of time permitted by the Rules to complete each step of the Appeal process. For example, the Appellant argued that Rule 530.5(4)(b) gives 15 weeks from the filing of the Notice of Appeal to file the Appeal Digest. However, Slatter J.A. held that such a period was the outside time limit, at which point the Appeal would be struck by the Registrar. Rule 530.1(1)(b) requires that the preparation of the Appeal Digest must commence within 10 days, and Rule 530.5(4)(a) mandates that the Appeal Digest be prepared promptly and filed and served forthwith. Slatter J.A. held that, in this context, the Appellant was not entitled to take 15 weeks to prepare the Appeal Record. While the Appellant was entitled to a reasonable amount of time to prepare, the Respondent in the Appeal was entitled to expect that the Appellant would proceed diligently. Slatter J.A. held that, when Leave to Appeal is granted, it is granted on the implicit condition that the Appellant will proceed as expeditiously as the circumstances permit.