Rule Details
KONG v CONDOMINIUM CORPORATION NO 0313339
Rules Discussed
- Rule 9.4 Signing judgments and orders
- Rule 14.5 Appeals only with permission
Case Summary
The Applicant sought permission, pursuant to Rule 14.5, to appeal the decision of Justice Crighton to dismiss an Application for a Stay of Proceedings to a full panel of the Court of Appeal of Alberta.
Crighton J.A. noted that Applications under Rule 14.5 are rarely granted and will only succeed where a serious issue is raised, and compelling reasons are provided, to justify review by a full panel of the Court.
Justice Crighton found that the Applicant failed to satisfy the requirements for a Rule 14.5 Application as set out in Habib v Habib, 2025 ABCA 243. Crighton J.A. also observed that the Applicant chose to bring their Stay Application rather than accept a Consent Order that would have stayed enforcement by the Respondent.
Justice Crighton dismissed the Application and noted that the resulting Judgment would be prepared by the Court, pursuant to Rule 9.4.