RO v DF, 2015 ABCA 14


5.26: Transcript of oral questioning
6.20: Form of questioning and transcript
14.15: Ordering the Appeal Record
14.16: Filing the Appeal Record – standard appeals
14.18: Contents of Appeal Record – standard appeals
14.21: Format of Appeal Record – standard appeals
14.38: Court of Appeal panels

Case Summary

The Plaintiff applied for an Order to waive the requirement to file an official transcript for her Appeal under Rules 14.16(1)(c) and 14.18(1)(d). The Plaintiff stated that medical reasons and impecuniosity prevented her from affording an official transcript. She proposed to prepare the transcripts herself based on an audio recording of the lower court Proceedings. Justice Watson noted that Rules 5.26(5), 6.20(6), 14.15(1)(b), and 14.21(2)(a) contemplated alternatives to official transcripts. However, for a third party transcript to be sufficient, it must be shown that the transcript is complete, sufficient, accurate, reliable and from a source recognized by the Court. The Court was not convinced that a self-prepared transcript would be compliant with the Rules.

The Plaintiff also asked for direction on what would constitute new evidence at the hearing of the Appeal. Watson J.A. stated that this request was premature, as it would require an Application to admit new evidence. An Application to admit new evidence could only be heard by a panel of the Court of Appeal pursuant to Rule 14.38(2)(b). The Court dismissed the Plaintiff’s Application, but gave her additional time to prepare an Appeal Record and obtain transcripts in accordance with the Rules.

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