SRG TAKAMIYA CO LTD v 58376 ALBERTA LTD, 2019 ABCA 301
14.5: Appeals only with permission
The Applicant applied for permission to Appeal a Decision by a single Judge of the Court of Appeal denying its Application for a stay pending Appeal.
The Court found that in order to be successful under Rule 14.5(1)(a), the Applicant must show that it is in the interests of justice to have an Appeal Panel review a single Judge’s Decision. Permission can be granted if the Applicant establishes that there is (a) a question of general importance; (b) a possible error of law; (c) an unreasonable exercise of discretion; or (d) a misapprehension of important facts.
Furthermore, the Court noted that when the Applicant is seeking an Appeal of a procedural Application, such as a stay, permission to Appeal should be granted only on some topic of law, jurisdiction, or policy which is important to the public, to the Court, or to counsel who may argue Appeals later. Accordingly, if the matter appealed is discretionary, it will be difficult to achieve permission to Appeal.
Given that the stay Decision was discretionary and was issued in unique factual circumstances, Rowbotham J.A. found that there was no issue warranting the attention of an Appeal Panel. The Application for permission to Appeal was dismissed.View CanLII Details