14.5: Appeals only with permission

Case Summary

The Applicant, Stanfield, applied for permission to Appeal a ruling by Antonio J.A. preventing Stanfield from using a certain lawyer, Mr. Moodie, as his counsel.

Rule 14.5 requires an Application for permission to Appeal a ruling by a single Appellate Justice to be heard by that same Appellate Justice. As Antonio J.A. noted, the key question for the Justice to determine is whether there are good reasons for a full panel to hear the Appeal, and this will be the case where: the Appeal raises issues of general importance; there is a reviewable and material issue of law worthy of panel review; or where the decision on Appeal rests on a palpable and overriding error and the order is worthy of panel review.

The Applicant did not argue any of these factors in the Application and there was no evidence that any of them applied. The Application was dismissed with Costs.

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