PATEL v PARIKH, 2026 ABCA 299

The Appellant appealed a Chambers Order striking her family law Arbitration Appeal after she failed to comply with a peremptory filing deadline. Although her Appeal materials were served on the Respondent on the deadline date, they were not successfully filed due to a procedural irregularity. The Chambers Judge struck the Appeal pursuant to a prior Order that expressly provided the Appeal would be struck if the materials were not filed by the specified deadline.

In upholding the decision, the Court rejected the Appellant's reliance on Rule 1.2, which emphasizes resolving claims fairly and justly and imposing remedies and sanctions proportionate to the circumstances. The Court acknowledged the importance of those principles but held that Rule 1.2 did not fetter the Chambers Judge's discretion or prevent the Appeal from being struck. The Chambers Judge had considered the surrounding circumstances, including the lack of prejudice to the Respondent, the nature of the non-compliance, and the importance of the underlying family law issues. Ultimately, the Chambers Judge concluded that enforcement of the clear and peremptory Order was warranted.