14.5: Appeals only with permission

Case Summary

This was an Application pursuant to Rule 14.5(d) for permission to appeal a Consent Divorce Judgment. Permission was sought on the basis that the Consent Divorce Judgment had been entered without the Court having considered or resolved all essential issues, specifically certain questions regarding co-parenting. A hearing to address all outstanding matters, including those relating to co-parenting, was scheduled for approximately one month after the Application for permission to appeal.

In deciding whether to grant permission to appeal, the Court considered: (1) whether there was an important question of law to be decided; (2) whether the Appeal had a reasonable chance of success; (3) whether there were exceptional circumstances justifying why the Applicant should be given permission to appeal a Judgment to which he consented; and (4) whether permitting the Appeal would resolve any of the issues in dispute.

The Court declined to grant permission to appeal on the basis that the proposed Appeal did not disclose a novel issue to be decided, was unlikely to succeed, and was unlikely to resolve the issues in dispute, as those issues would likely be dealt with at the upcoming hearing for outstanding matters. No exceptional circumstances were identified.

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