PARIKH v CANADIAN IMPERIAL BANK OF COMMERCE (CIBC), 2020 ABCA 367
6.14: Appeal from master’s judgment or order
14.4: Right to appeal
The Applicant applied for permission to appeal a Consent Order signed by a Master. Rules 6.14 and 14.4(4) provide that a Decision from a Master in Chambers cannot be appealed directly to the Court of Appeal. Instead the proper forum for an Appeal of a Master’s Order is a Justice of the Court of Queen’s Bench.
Here, the Applicant was a self-represented litigant. The Court acknowledged that the Applicant’s lack of familiarity with the Rules may have contributed to his mistaken belief that his Appeal should be heard in the first instance by the Court of Appeal. The Court stated that it understood the difficulties facing the Applicant, but that all litigants must comply with the Rules. The Court underscored that section 12 of the Judicature Act, RSA 2000, c J-2 also states that the proper forum for an Appeal from a Master’s Order is a Justice of Queen’s Bench. In the result, Justice Greckol dismissed the Application.View CanLII Details