IBU v LAH, 2016 ABCA 383


14.14: Fast track appeals
14.24: Filing factums – fast track appeals
14.64: Failure to meet deadlines
14.65: Restoring appeals

Case Summary

The self-represented Applicant appealed a Judgment relating to parenting. As such, it was to be heard as a fast track Appeal under Rule 14.14(2)(b). The Applicant requested the maximum extension to file documents with the Registrar at the Court of Appeal. The Case Management Officer gave the Applicant an extra two months, and informed him that if the Appeal documents were not filed within two months, the Appeal would be struck pursuant to Rule 14.24(1)(a). The Applicant missed the deadline and the Appeal was struck.

The Applicant applied to restore the Appeal. The Case Management Officer informed the Applicant of the steps that would need to be taken in order to do so, and specifically referred him to Rule 14.65(3)(b) which provides that an Appeal or Application is deemed to have been abandoned if no Application to restore the Appeal or Application for Permission to Appeal has been filed, served and granted within three months after having been struck in the case of a fast track Appeal. The Applicant appeared at the Court of Appeal Registry just before closing on the date which he was required to file the Application to restore the Appeal.

Slatter J.A. noted the factors relevant to deciding whether or not the Court should restore an Appeal. His Lordship considered whether or not the Appeal had arguable merit, and concluded that there was none. Slatter J.A. also considered whether there was an explanation for the defect or delay which caused the Appeal to be struck. The Applicant alleged bias, unpleasant help from the Registry staff, and many other issues despite the fact that the Registry staff had given the Applicant several chances and several instructions on how to navigate the procedure. Justice Slatter noted that the Appeal was filed over seven months prior, and the Appeal should have been scheduled for oral argument pursuant to Rule 14.64(d), which provides that an appeal must be struck by the Registrar if it has not been placed on the hearing list within six months of filing the Notice of Appeal in the case of a fast track Appeal. Slatter J.A. determined that there was nothing on the Court record that justified the delay on the part of the Applicant. The Application to restore the Appeal was therefore dismissed and the Appeal was deemed abandoned.

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