JORDAN v DE WET, 2016 ABCA 366
14.16: Filing the Appeal Record – standard appeals
14.5: Appeals only with permission
14.64: Failure to meet deadlines
The Applicant, Jordan, applied to restore an Appeal struck by the Registrar. He had filed an Application for permission to appeal; however, the Registrar struck his Appeal for failing to file the Appeal Record pursuant to Rule 14.16(3), and for failing to meet deadlines in accordance with Rule 14.6(4)(a). The Applicant argued that he did not require permission to appeal in the first place.
The Applicant had originally sought permission to appeal because he had been declared a vexatious litigant by the Court of Queen’s Bench. Rule 14.5(1)(j) provides that no Appeal is allowed to the Court of Appeal by a person who has been declared a vexatious litigant in the Court appealed from unless permission to appeal is obtained. The Applicant subsequently argued that he did not require permission to appeal because nothing in the vexatious litigant Order made by the Court of Queen’s Bench prohibited the Applicant from proceeding with this specific Action.
O’Ferrall J.A. considered Rule 14.5(1)(j) and noted that the language is specifically “in the Court appealed from” and not “in the Action appealed from”. Therefore, a vexatious litigant Order made by the Court of Queen’s Bench is applicable to all proceedings taken by the person who has been declared a vexatious litigant. O’Ferrall J.A. referred to Rule 14.5(1)(j) and held that the Applicant required permission to appeal pursuant to Rule 14.5. O’Ferrall J.A. reviewed the background and the Decision of the Court of Queen’s Bench Justice and determined that permission to appeal should not be granted. The Application was dismissed.