LYMER v JONSSON, 2016 ABCA 32
COSTIGAN, PAPERNY AND WAKELING JJA
9.15: Setting aside, varying and discharging judgments and orders
The Appellant, Lymer, appealed an Order by the Case Management Judge declaring him a vexatious litigant, among other things. The Order was made on the Case Management Judge’s own motion without notice to the Appellant.
The Appellant argued that he was not provided with notice, and was not provided with an opportunity to be heard with respect to the Order prohibiting him from commencing proceedings without leave. The Appeal was based on the grounds that the Case Management Judge failed to comply with the principles of natural justice, and that there was a reasonable apprehension of bias. The Respondent argued that the Order was ex parte, and the Appellant ought to have applied to the Court to have the Order set aside or varied pursuant to Rule 9.15, rather than appealing.
The Court did not accept the Respondent’s position, stating that Rule 9.15 is designed to provide relief where an Order is issued in circumstances that make the provision of notice impractical. The Court noted that notice to the Appellant was not impractical in this case. The Appeal was allowed and the Order was set aside.View CanLII Details