JACOBSEN v WAWANESA MUTUAL INSURANCE CO , 2023 ABCA 122
SLATTER, HUGHES AND KIRKER JJA
6.14: Appeal from master’s judgment or order
The Alberta Court of Appeal considered whether an Appeal of an Applications Judge’s Order was filed in time. Kachur J. of the Alberta Court of King’s Bench had previously allowed the Respondent’s Appeal (the “Decision”) of an Applications Judge’s Order declining to dismiss the Appellant’s claim for inordinate delay under Rule 4.31. The Appellants appealed the Decision.
The Alberta Court of Appeal noted that Rule 6.14 requires a Notice of Appeal from an Applications Judge’s Order to be filed and served within 10 days of its entry and service. The Court also noted that Rule 6.14 assumes that the winning party will file and serve the Notice of Appeal. However, in this case, the Applications Judge had directed that the losing Respondent prepare the Order. As such, the Appellants argued that the Notice of Appeal should have been filed within 10 days of the date that the losing Respondent filed the Order rather than the date that the Respondent served the Order on the Appellants.
The Alberta Court of Appeal disagreed and dismissed the Appeal. The Court noted that the Notice of Appeal was filed outside the expectations of the Rules, but in literal compliance with them. As such, the Court found no reviewable error in the Decision.View CanLII Details