martin jA

14.38: Court of Appeal panels
14.5: Appeals only with permission

Case Summary

Ms. Rensonnet applied to appeal the Trial Judge’s cost award and to submit fresh evidence on the Cost Appeal, after lengthy child custody proceedings.

Following a Trial on February 18, 2016, the Trial Judge issued Reasons, but did not make a determination regarding Costs or the final form of Judgment. The Respondent, Mr. Uttl, then appealed the Decision on the merits. That Appeal was dismissed in June 2016. The Trial Judge subsequently heard arguments as to Costs on June 23, 2016, and ordered that each party bear their own Costs on the same day. On July 22, 2016, Ms. Rensonnet appealed aspects of the final Judgment Roll and Costs. Costigan J.A. dismissed the Appeal as it was out of time on September 14, 2016, but did not comment on Costs.

Martin J.A. directed that Ms. Rensonnet’s appeal as to Costs was by right. Pursuant to Rule 14.5(1)(e), an Applicant must receive permission to appeal a Decision “as to costs only” – but Ms. Rensonnet’s Appeal was for Costs in addition to other aspects of the Judgment Roll, even if only the Appeal as to Costs was permitted to go forward.

Martin J.A. also noted that under Rule 14.38(2)(n), only a panel of the Court of Appeal can hear an Application to submit new evidence. His Lordship explained that, generally, the Court will hear such an Application at the beginning of the Appeal hearing itself.

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