THE TORONTO DOMINION BANK v MANAH, 2025 ABCA 275

SLATTER JA

14.47: Application to restore an appeal

Case Summary

The Applicant had previously filed two Appeals related to the foreclosure of their residence. Following the delivery of the Judgment resulting from those Appeals, the Applicant took issue with the fact that the delivered Judgment did not comply with authentication requirements that the Applicant asserted were necessary. The Applicant attempted to file an Application under Rule 14.47 to restore their Appeals.

The Case Management Office rejected the Applicant’s materials and noted that Rule 14.47 was not applicable to the Applicant’s Appeals. Rule 14.47 pertains to Appeals that had been struck, dismissed, or deemed abandoned. Given that the Applicant’s Appeals had been heard and dismissed, they could not be restored. The Applicant then appealed the ruling of the Case Management Office.

The Court reviewed the Applicant’s materials and determined that the Case Management Office had been correct in their determination. The Applicant’s Appeals could not be restored as they had been heard and adjudicated to finality on their merits.

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