LEE v IYER, 2017 ABQB 420

khullar j

14.37: Single appeal judges

Case Summary

The Defendant Applicant was convicted on 33 counts of fraud, and restitution Orders were granted to the victims, including the Respondents. The Respondents obtained a Writ of Enforcement and registered it on properties owned by the Applicant after he had appealed his conviction. The Applicant sought an Order striking the Writ of Enforcement and discharging its registration, arguing that the Order for restitution was stayed pursuant to either s 689(1) or s 683(5) of the Criminal Code, RSC 1985, c C-46.

Justice Khullar noted that Rule 14.37 provides that a single Judge of the Court of Appeal has the jurisdiction to decide any Application incidental to an Appeal, and held that as a result of the Rule the Court of Queen’s Bench did not have jurisdiction to hear the Application to determine the effect of the stay pending Appeal. The Application was dismissed.

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