MARTINEZ v CHAFFIN

In an earlier Decision, Veldhuis J.A. dismissed the Applicant’s Application to restore his Appeal (the “Restoration Decision”). The Applicant applied for permission to appeal the Restoration Decision pursuant to Rule 14.5. Justice Veldhuis reviewed existing case law and stated that an application for permission to appeal is not a re-hearing. In order to be granted permission to appeal, an applicant must show that there is a serious question of general importance, an error of law, jurisdiction or principle, that discretion was exercised unreasonably, or that the initial Decision was based on a misapprehension of facts. Veldhuis J.A. reviewed the Applicant’s materials and found there was no basis for granting permission to appeal. The Application was dismissed.