GOLDSTICK v MONSMA, 2023 ABCA 257
14.5: Appeals only with permission
The Applicant applied for permission to Appeal the Court’s Decision to dismiss the Applicant’s Application to extend the time to Appeal the Order of a Special Chambers Judge.
Pursuant to Rule 14.5(2), the Court set out that permission to Appeal the decision of a single Judge of the Court to a Panel of the Court of Appeal may be granted if the Applicant established (a) a question of general importance; (b) a possible error of law; (c) an unreasonable exercise of discretion; or (d) a misapprehension of important facts.
The Court determined that the Applicant noted the same concerns and complaints in the Application as he had in his underlying Application. The Court further noted that a desire to reargue the same matters was not sufficient to warrant granting permission to Appeal the Decision to a full Panel and that the Applicant had not filed any new evidence or evidence at all in support of his Application, despite the lack of evidence being directly in issue in the underlying Application. The Court accordingly dismissed the Application.View CanLII Details