HAYDEN v ALBERTA (WORKERS’ COMPENSATION BOARD)

The Applicant sought permission to appeal an Order issued in Chambers. The Order in question dismissed an Application to validate or cure late service of an amended Originating Application for Judicial Review of a decision of the Appeals Commission for Alberta Workers’ Compensation. The Applicant served the Appeals Commission in time but missed the 6-month deadline to serve the Workers' Compensation Board, as required by Rules 3.15(2) and (3). The Chambers Judge had declined to exercise discretion to extend the deadline.

The Court of Appeal confirmed that Rule 14.5(1)(b) requires permission to appeal an Application to validate or cure late service. Kirker J.A. recited the test from the applicable authorities: permission to Appeal will generally be granted only if the applicant shows that the appeal raises a serious question of general importance and has a reasonable chance of success.

The test was not met. The Court of Appeal was not satisfied that there was a question of general importance to be determined in the case. The case law defined a question of general importance as involving a matter of policy, principle, or law that might have precedential value. The Applicant’s argument for why the Appeal raised such a question was unsupported by any evidence.

Further, Kirker J.A. found that the proposed Appeal had little chance of success. Rule 13.5, which authorizes the court to extend or shorten a time period specified in the Rules, does not apply to Rule 3.15. Thus, the 6-month deadline under Rule 3.15 was mandatory and not extendable. The Court of Appeal found no basis on which it could overturn the Chambers Judge’s decision.