RE GAUTHIER, 2018 ABCA 14
13.4: Counting months and years
14.44: Application for permission to appeal
14.5: Appeals only with permission
14.8: Filing a notice of appeal
The Applicant sought permission to appeal an Order of the Court of Queen’s Bench which had declared him a vexatious litigant. Wakeling J.A. cited Rule 14.5(1)(j), which provides that permission to appeal to the Court of Appeal is required for any person who has been declared a vexatious litigant in the Court appealed from. The Applicant therefore required permission to appeal the vexatious litigant Order. Wakeling J.A. indicated a number of reasons for the dismissal of the Applicant’s Application, including: Rule 14.5(4) provides that no appeal is allowed under Rule 14.5(1)(j) from any Order which has denied the vexatious litigant permission to institute or continue proceedings; Rule 14.8(2)(a)(iii) provides that the Appellant must file three copies of the Notice of Appeal with the Registrar of the Court of Appeal within one month after the date of the decision being appealed; Rule 14.8(3) states that where permission to appeal is required, an Application for permission to appeal must be filed within the time period set out in Rule 14.8(1)(2)(a); and, Rule 14.44(1)(a) states that the Application for permission to appeal must be filed and served and must be returnable within the periods specified in any enactment or in the Rules.
Wakeling J.A. considered Rules 14.5, 14.8 and 14.44 together with Rule 13.4(1), which sets out how months and years are counted under the Rules, and determined that the Applicant had missed the deadline to file his Application for permission to appeal by a large margin. The Applicant was not able to show any special circumstances that would justify an extension of the deadline for filing his Application. Wakeling J.A. denied the Applicant’s Application for permission to appeal the vexatious litigant Order.View CanLII Details