PETERS v SWAN

This was an Appeal from a Case Management Judge's Order dismissing a father's Application for leave to make a new Parenting Application. The mother responded by applying to dismiss the Appeal.

Addressing the mother's Application first, the Court of Appeal confirmed that Rules 14.38(2)(a) and 14.74(c) allow a panel of the Court to dismiss all or part of an Appeal if the Appeal is frivolous, vexatious, without merit, or improper. Referencing prior case law, the Court of Appeal stated that the test for Summary Dismissal was a very high threshold. Further, the caselaw indicated that it is rarely in the interests of justice to summarily dispose of an appeal because the resources required to do so are virtually identical to the resources required to simply argue the appeal in the normal way. The Court of Appeal found the threshold was not met and dismissed the Application for Summary Dismissal.

The Court of Appeal also dismissed the father's Appeal. The Case Management Judge's decision attracted a highly deferential standard of review and the Court of Appeal agreed that the test for reopening a Parenting Order was not met.