KEEDER v ALGENDY, 2020 ABCA 420
4.20: Confidentiality and use of information
9.2: Preparation of judgments and orders
9.4: Signing judgments and orders
14.5: Appeals only with permission
This dispute arose between two parents with respect to Consent Orders. Both Consent Orders arose from a Judicial Dispute Resolution where Justice Phillips had the authority to make binding recommendations.
Justice Antonio noted that Rule 14.5(1)(d) states that no Appeal from a Decision made on the consent of the parties will be allowed unless permission to Appeal has been obtained. Mr. AlGendy filed a Notice of Appeal on August 21, 2020. In contravention of Rule 14.5(1)(d), Mr. AlGendy did not apply for permission before appealing the Consent Orders. Ms. Keeder filed a cross-Application to have Mr. AlGendy’s Notice of Appeal struck for failing to comply with the Rules. In response, Mr. AlGendy applied for permission to Appeal.
Justice Antonio adopted the test from Milner Power Inc v Alberta Utilities Commission, 2019 ABCA 127, which stipulates that the Applicant must satisfy the Chambers Justice that the Appeal merits consideration by a panel of the Court of Appeal. Factors to consider include whether the Appeal raises a legal question of general importance, whether the Appeal has a reasonable chance of success, and whether it would cause undue prejudice. Mr. AlGendy argued that the Consent Orders should not have been filed without his signature, but Justice Antonio dismissed that argument on the basis of Rule 9.2(2)(c) and Rule 9.4(2)(c) which respectively allow an Order to be signed and entered when a party does not otherwise approve or object within 10 days of receipt, and allows the Court to direct that a party’s approval is not required.
In relying on Rule 4.20, regarding the confidentiality of the Judicial Dispute Resolution process and the inapplicability of the rules of evidence in such a procedure, Justice Antonio dismissed Mr. AlGendy’s Application for permission to Appeal. The cross-Application by Ms. Keeder was then moot.View CanLII Details