The Applicant applied for permission to appeal a decision by Grosse J.A. dismissing her motion to extend the time to file an Appeal (the “Previous Decision”).

Appeal Justice Grosse, who made the Previous Decision, considered the requirement under Rule 14.5 for obtaining permission to appeal a decision of a single Appeal Judge. Additionally, the Rules mandate that permission be sought from the same Judge who issued the original decision, as outlined in Rule 14.5(2).

The Court emphasized that permission to appeal a ruling from a single Appeal Judge is granted only when there is a compelling reason. The Application for permission to appeal is not a rehearing of the initial application; thus, merely wishing to re-argue the motion before a full panel is insufficient. The Applicant must show the existence of a reviewable and significant legal issue that, in the interests of justice, merits examination by a full panel.

In this instance, Grosse J.A. observed that the Applicant’s Application did not articulate any alleged error in the Previous Decision, other than disagreeing with the conclusion. The Court further noted that the Applicant essentially repeated its previous submissions. While the issues raised were undoubtedly significant to the Applicant, the proposed Appeal did not raise an issue of law or an issue of importance outside of the case. Consequently, the Court concluded that to allow the parties to reargue the Application before a panel of three Appeal Judges would not serve the interests of justice and thus dismissed the Application.