422252 ALBERTA LTD v MESSENGER

The Plaintiff applied pursuant to Rule 14.47 to restore their Appeal which had been struck by the Registrar for failing to file the Appeal record by the applicable deadline. A Master and a Queen’s Bench Justice had rejected the Plaintiff’s Application to amend their Statement of Claim, and upon an Appeal to the Court of Appeal, the Registrar changed the status to a fast-track Appeal.

The proposed amendments were rejected by the lower Court on the basis that they would cause serious prejudice not compensable in Costs. The Court of Appeal held that the Court of Queen’s Bench did not err, and held that the Registrar was not in error in characterizing the Appeal of a rejected Application for leave to amend a Pleading as a fast-track Appeal under Rule 14.14. The Plaintiff’s Application for leave to restore the Appeal was dismissed.