The Plaintiff applied to have the legal account of the Defendant professional corporation reviewed. A Review Officer concluded that the Plaintiff was bound by his retainer agreement with the Defendant and certified the account of $4,200.00 as being payable.

The Plaintiff appealed the Review Officer’s Decision to the Court of Queen’s Bench. However, the Court of Queen’s Bench Justice reviewing that Decision found no error in it and dismissed the Plaintiff’s Appeal. The Plaintiff then applied to the Court of Queen’s Bench for permission to Appeal the Queen’s Bench Justice’s Decision to the Court of Appeal. The Queen’s Bench Justice hearing the matter dismissed the Plaintiff’s Application on the basis that, at that point in time, the Justice no longer had jurisdiction to grant permission to Appeal. The Plaintiff then applied to the Court of Appeal for permission to Appeal the Court of Queen’s Bench Decision upholding the Review Officer’s Decision. That Application was heard by Justice O’Ferrall, and was denied. Shortly thereafter, the Plaintiff filed the present Application seeking to Appeal the Justice O’Ferrall’s Decision denying him permission to Appeal.

Justice O’Ferrall noted that Rule 14.5(3) of the Alberta Rules of Court provides that no Appeal is allowed from a Decision of a single Appeal Judge where that Decision was one denying permission to Appeal. Therefore, the Application was denied, there being no jurisdiction to grant it.