The Applicant sought permission to Appeal Justice Hawkes’ earlier ruling, reported at 2024 ABCA 187, pursuant to Rules 14.51(1)(a) and 14.52.

Justice Hawkes evaluated the criteria for granting permission to appeal a decision made by a single Judge of the Court of Appeal, referencing Xu v Ma, 2024 ABCA 81. The Court examined the Applicant's claims that the Court of King’s Bench had erred by not addressing the issue of costs and by neglecting the Applicant’s plea for a stay on all proceedings related to costs. Justice Hawkes clarified that there is no rule or statutory provision that would allow a single Justice of the Court of Appeal to obstruct the Court of King’s Bench from making a decision on Costs. The request for Justice Hawkes to prevent the Court of King’s Bench from taking any action regarding Costs is a type of Order that cannot be issued against a Superior Court.

Justice Hawkes also noted that his jurisdiction under the Rules of Court pertains to Appeals from an Order or Decision. Since no Order existed at the time of his initial ruling, he lacked the jurisdiction to act. Consequently, the Court denied the Application.