14.5: Appeals only with permission

Case Summary

The Applicant sought permission to Appeal two Consent Orders arising from ongoing divorce proceedings. Justice Antonio noted that, under Rule 14.5(1)(d), permission to Appeal is required from any Decision made through the consent of the litigants. Justice Antonio further noted that the onus is on the Applicant to demonstrate that the requested Appeal merits a hearing by the Court of Appeal. In order to demonstrate this merit, Justice Antonio identified the relevant factors as directed by the jurisprudence, and noted that they include whether the Appeal raises an important question of law, whether there is a reasonable probability of success, and whether the Appeal would hinder the progress of the Action.

Justice Antonio ultimately concluded the Applicant failed to satisfy the relevant factors; accordingly, the Application for permission to Appeal was dismissed.

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