The Plaintiff sought leave to appeal a prior Decision by Berger J.A. arising from the same Action. Berger J.A. stated that Rule 14.5, specifically Subrules 14.5(1)(a) and 14.5(2), is similar to former Rule 505(6). Berger J.A., following prior analysis on a similar issue in Prefontaine v Canada (M.N.R.), 2001 ABCA 288, held that the Application for Leave to Appeal must be heard by another Justice of the Court of Appeal, and not the Justice who granted the original Decision. Berger J.A. directed the Application for Leave to Appeal to be heard by the assigned duty Justice.