PIIKANI NATION v MCMULLEN, 2024 ABCA 306

WOOLLEY JA

14.5: Appeals only with permission

Case Summary

The Appellants, including Gowlings WLG (“Gowlings), applied for permission to appeal a decision of a Case Management Judge disqualifying Gowlings from acting as counsel against the Respondent in ongoing litigation between him and several other parties.

The Appellants based their request for Appeal on Rule 14.5(1)(j) and referenced a previously issued Access Restriction Order affecting all parties involved in this Action. Justice Wooley examined Rule 14.5 and relied on Tican v Alamgir, 2023 ABCA 115 which stipulates that an individual is considered a "vexatious litigant" under Rule 14.5(1)(j) if they are subject to an Access Restriction Order.

Justice Wooley granted the Application, noting: (i) the Application did not constitute an abuse of process, (ii) there were substantial legal questions warranting an Appeal, (iii) the likelihood of success for the Appeal outweighed the chances of failure, and (iv) proceeding with the Appeal would not impede the ongoing actions, especially given the prolonged duration these matters have been in Court with minimal progress. The Court emphasized the necessity of determining the appropriateness of Gowlings’ disqualification.

View CanLII Details