The Applicant sought permission to Appeal a Costs decision. Justice Antonio noted that since the proposed Appeal concerned Costs only, permission to Appeal was required pursuant to Rule 14.5 and the Applicant was required to establish the criteria set out in Brill v Brill, 2017 ABCA 235.

The Court held that the Application for permission to Appeal did not involve a question of general importance and the issues revolved around the specifics of the family-law case, which were fact sensitive. The Applicant argued that the Appeal raised important questions of finality and enforceability of Court Orders because the Chambers Judge varied an earlier Order which required each party to pay part of the Costs of an aborted reunification process. Justice Antonio rejected this argument, noting that the prior Order was not brought to the attention of the Chambers Judge. Ultimately, Antonio J.A. denied the Application for permission to Appeal.