KENNEDY v TRUSTEES FOR THE 1985 SAWRIDGE TRUST, 2017 ABCA 439
WATSON, SLATTER and BIELBY JJA
14.74: Application to dismiss an appeal
14.8: Filing a notice of appeal
The Appellant, former counsel to some of the parties to the litigation appealed the Decision of a Case Management Judge who advised that a copy of the Judgment against the Appellant would be sent to the Law Society of Alberta due to concerns about the Appellant’s conduct. The Applicants (Respondents in the Appeal) applied to have the Appeal struck pursuant to Rule 14.74 on the basis that the Decision had already been sent to the Law Society so the Appeal was moot.
The Court applied the factors listed in Rule 14.74 and held that the Appeal should be struck. The Court held that the Appeal was without merit because a Judge is entitled to refer the conduct of a lawyer to the Law Society. Further, the Court of Appeal has jurisdiction to hear an Appeal of a “judgment, order or decision”. The Court referred to Rule 14.8 in support, stating that the Rule does not expand the scope of the Appeal to “cover everything “pronounced” in the reasons for the decision”. Therefore, the Court of Appeal was without jurisdiction to hear the matter. The Applications were granted and the Appeal was dismissed.View CanLII Details