KE v CSM, 2016 ABQB 342

Browne J

14.5: Appeals only with permission

Case Summary

In a family law dispute, KE appealed an Order from the Provincial Court which denied her access to children born from various relationships. KE was the subject of an Order from the Provincial Court restricting her access to Provincial Court processes.

Justice Browne noted that Rule 14.5(1)(j) requires a person who is subject to a vexatious litigant Order to obtain leave to appeal, and that denial of leave is final. According to prior leading authorities, this leave requirement applies to any vexatious litigant declaration made under the Judicature Act, RSA 2000, c J-2, the Family Law Act, SA 2003, c F-4.5, or under a superior Court’s inherent jurisdiction. In this case, KE was only restricted from activities in the Provincial Court of Alberta, and therefore her Application to appeal the Provincial Court’s Order was not subject to a vexatious litigant Order. Browne J. considered the substance of KE’s Appeal of the Provincial Court Decision, and returned the matter to the Provincial Court for consideration of materials which would be relevant to an Application for leave to appeal.

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