McDonald, Greckol and Pentelechuk JJA

14.4: Right to appeal

Case Summary

The Appellant was a mayoral candidate for the City of Calgary (the “City”) in the 2017 election. He appealed an Order of a Chambers Justice which had dismissed his Fiat Application authorizing him to bring Judicial Review for an Order of quo warranto, raising the issues of whether the election was “conducted according to law”.

Counsel for the City did not take a position on the substantive grounds of Appeal but suggested that a preliminary issue was raised by Rule 14.4(2), which provides that no Appeal is allowed to the Court of Appeal from the dismissal of an Application made without notice to a Court of Queen’s Bench Justice. The Court found that the Appellant’s Appeal had been brought with notice, since Mayor Nenshi and the City were served.

Despite not relying on Rule 14.4(2) to dismiss the Appeal, the Court of Appeal dismissed the Appeal after considering the substantive grounds of Appeal raised by the Appellant.

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