MILNER v SOSTAR, 2012 ABCA 128
BERGER, O'BRIEN JJA, STREKAF J (AD HOC)
9.13: Re-opening case
The Defendant appealed a Decision of the Chambers Justice that registered caveats were to be struck out. That Decision was based in part on a conclusion that Notice to a Party had not been delivered. After the Decision had been rendered, but before the Order (upon which the Decision was based) was entered, counsel produced a letter showing that Notice had in fact been given. The Chambers Justice refused to consider the letter. At that time, Counsel did not refer the Chambers Justice to Rule 9.13.
In allowing the Appeal, the Court of Appeal indicated it was satisfied that the Chambers Justice was proceeding on the basis that the Court was functus. The Court of Appeal remitted the matter back to the Chambers Justice to reconsider whether the letter in question should be admitted into evidence pursuant to Rule 9.13.View CanLII Details