MANSON (ESTATE) v OBSIDIAN ENERGY LTD, 2020 ABQB 632

HOPKINS J

14.5: Appeals only with permission

Case Summary

The Applicant applied to have Court access restrictions imposed upon the Respondent pursuant to the Judicature Act, RSA 2000, c J-2 (the “Judicature Act”).

In considering whether the Respondent should be subject to Court access restrictions in all three Alberta Courts, Hopkins J. discussed the operation of Rule 14.5(1)(j). Justice Hopkins observed that there was no purpose in imposing Court access restrictions upon the Respondent with respect to the Alberta Court of Appeal because Rule 14.5(1)(j) already restricted the Respondent’s access to the Alberta Court of Appeal by requiring the Respondent to obtain permission to appeal.

Justice Hopkins therefore declared the Respondent a vexatious litigant pursuant to the Judicature Act. His Lordship imposed numerous Court access restrictions on the Respondent but declined to impose Court access restrictions with respect to the Court of Appeal. Justice Hopkins instead held that “access to the Alberta Court of Appeal is better addressed by the Alberta Court of Appeal, rather than this Court.”

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