RMB v DTB, 2019 ABCA 487


14.12: Contents and format of notices of appeal and cross appeal
14.25: Contents of factums
14.37: Single appeal judges

Case Summary

The Appellant applied to a single Appeal Judge to amend their Notice of Appeal pursuant to Rule 14.37. Schutz J.A. noted that a Notice of Appeal may be amended if the amendments do not enlarge the original scope of Appeal. Schutz J.A. also noted that Rule 14.12(2)(f) states that a Notice of Appeal must contain the relief claimed, and Rule 14.25(1) provides that a Factum must contain the grounds of Appeal and the relief sought. Justice Schutz determined that the amendments sought did not enlarge the scope of the Appeal, were related to the relief sought, and brought the Notice of Appeal into compliance with Rule 14.12(2)(f). The amendments to the Notice of Appeal were allowed.

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