SHAW v BOYDA, 2015 ABCA 393


1.4: Procedural orders

Case Summary

The Defendant wife appealed an Order by the Case Management Justice refusing recusal from managing the Action, and which found the wife to be a vexatious litigant. The Defendant sought an "interim" Order from the Court of Appeal removing the Case Management Judge so she could contact the Court of Queen's Bench regarding several questions which were equivalent to requests for legal advice.

Justice Slatter noted that it was not appropriate for any party to an Appeal to bring an Application to a single Judge of the Court of Appeal asking for advice on how to advance their litigation or explain why Court procedures are in place. Rule 1.4(2)(g) empowers the Court to manage litigation; but, it does not turn Judges into legal advisors. The Application was dismissed.

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