Watson, Bielby and Schutz JJA

14.5: Appeals only with permission
14.92: Authority of the Registrar

Case Summary

The Plaintiff, Hok, appealed the Summary Dismissal of her Action. A Court of Appeal Case Management Officer advised Hok that the Appeal was “irregular” pursuant to Rule 14.92(e), and that Hok required permission to Appeal. Hok failed to make such an Application. The Registrar of the Court of Appeal referred the irregular Appeal to a panel of three Court of Appeal Justices for a determination of whether the Appeal required leave.

The Court noted that Hok had initiated the Claim in Provincial Court for $3,227.73, but the Action was subsequently transferred to Queen’s Bench. The Court also noted that, while Hok had sought to inflate her Claim to $600,000, the Registrar was correct to conclude the Claim fell under Rule 14.5(1)(g), requiring Appeals for less than $30,000 to be made only with Leave. The Court observed that the inflation of the Claim amount appeared to be for the purpose of avoiding the application of this Rule.

In addition, the Summary Dismissal Decision mandated that the Appellant not file any material on any Court file, or institute any new proceedings, without permission of the receiving Court. This Order was in effect when the Appellant filed the Appeal. As both irregularities required permission to Appeal, and permission was not obtained, the Court struck the Appeal as “sufficiently irregular”. The Registrar’s Reference to the Court pursuant to Rule 14.92(e) was granted.

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