MILOT LAW v SITTLER, 2024 ABCA 39
FEEHAN JA
9.13: Re-opening case
14.5: Appeals only with permission
Case Summary
The Applicants, Heather and Sheldon Sittler (the “Sittlers”), sought to appeal a Chambers Judge’s earlier Order (the “Earlier Order”). The Respondent, Milot Law, cross-appealed the Earlier Order and also sought to appeal a subsequent Order dismissing its Application to vary the Earlier Order. Milot Law also filed an Application regarding the necessity of leave for Cross-Appeal and Appeal.
In the analysis, the Court discussed the relevance of Rules 9.13 and 14.5 of the Alberta Rules of Court. It highlighted that Rule 14.5(1)(b) mandates permission to appeal any pre-Trial decision concerning time periods, but noted that this provision wasn't contested.
Regarding Rule 9.13, which allows for an Order to be varied, the Court discussed Milot Law's Application under this Rule and Section 187(5) of the Bankruptcy and Insolvency Act. The Court ruled that the Chambers Judge's decision not included in the formal Order cannot be appealed.
In conclusion, the Court emphasized the importance of formal Orders in appellate proceedings, specifying the limitations of what can be appealed based on the content of those Orders.
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