Rule Details
CANADIAN IMPERIAL BANK OF COMMERCE v HAYDEN
Rules Discussed
- Rule 9.4 Signing judgments and orders
- Rule 10.49 Penalty for contravening rules
- Rule 14.5 Appeals only with permission
Case Summary
The Plaintiff brought this debt collection action against the Applicant/Defendant. The Defendant is subject to a court access restriction and is required to obtain leave from the Court prior to filing documents or commencing litigation.
The Defendant attempted to file in an improper Application without first receiving leave from the Court. In order to penalize this litigation misconduct, Rooke ACJ found it appropriate to penalize the Defendant pursuant to Rule 10.49, which allows a Court to penalize a party for failing to comply with a direction from the Court.
Rooke ACJ further dispensed with the Defendant’s approval of the arising Order giving effect to the Decision pursuant to Rule 9.4(2) and reminded the Defendant that there is no Appeal to the Court of Appeal pursuant to Rule 14.5.