ST PIERRE v NORTH ALBERTA LAND REGISTRY DISTRICT (REGISTRAR) , 2023 ABCA
WATSON, MCDONALD AND STREKAF JJA
3.68: Court options to deal with significant deficiencies
14.46: Application to reconsider a previous decision
14.72: Binding precedents
The Court of Appeal considered an Appeal of an earlier Judgment from a Chambers Judge of the Court of Kings Bench which confirmed an earlier Decision of an Applications Judge. The earlier Decision struck the Appellant’s claim pursuant to Rule 3.68.
The Court of Appeal was faced with determining whether the Appellant identified any error in the Chamber Judge’s Decision that would justify the Court of Appeal’s intervention. After identifying that under Rule 3.68 a claim may be struck for one of the enumerated reasons in Rule 3.68(2), the Court of Appeal noted that the Appellant’s position on Appeal was a collateral attack on earlier Decision.
Of significance, the Applications Judge and Chambers Judge who rendered the Decisions below found themselves bound by previous jurisprudence of the Court of Appeal; specifically, an earlier Decision of the Court of Appeal removed the basis of the Appellant’s argument. The Court of Appeal noted that the Appellant had failed to apply to the Court of Appeal to reconsider this earlier Decision as would be required under Rules 14.46 and 14.72.
The Court of Appeal accordingly dismissed the Appeal.View CanLII Details