RANA v RANA, 2022 ABCA 106


1.2: Purpose and intention of these rules
14.5: Appeals only with permission

Case Summary

The Applicant applied to Appeal an Alberta Court of Queen’s Bench decision denying him leave to continue a debt claim against the Respondents (the “Decision”).

Having previously been declared a vexatious litigant, the Applicant required permission to Appeal any decision to the Alberta Court of Appeal pursuant to Rule 14.5(1)(j). The Court noted that Rule 14.5(4) prevents a vexatious litigant from Appealing an Order denying the vexatious litigant permission to start or continue proceedings. The Court determined that it lacked jurisdiction to grant the Applicant permission to Appeal the Decision and this was sufficient to dismiss the Application.

However, the Court also determined that the Applicant’s Appeal had no reasonable chance of success. In coming to this conclusion, the Court referred to Rule 1.2, which requires claims to be fairly and justly resolved in a timely and cost-effective way.

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