UBAH v UBAH, 2022 ABCA 329


14.5: Appeals only with permission

Case Summary

The Applicant sought permission to Appeal a Chambers Judge’s Decision. Permission to Appeal was required because the Applicant was subject to a vexatious litigant Order in the Court of King’s Bench, pursuant to Rule 14.5(1)(j). The Applicant argued the Chambers Judge’s Decision to deny the Applicant permission to institute or continue proceedings. The Court of Appeal held that no Appeal is allowed from that Order, pursuant to Rule 14.5(4).

The test for permission to Appeal by a vexatious litigant on other grounds includes a consideration of a general test for permission to Appeal under Rule 14.5 and the requirements of section 23.1(7) of the Judicature Act, RSA 2000 c J-2. Specifically, a vexatious litigant must prove the following: (i) that there is an important question of law or precedent; (ii) there is a reasonable chance of success on Appeal; (iii) delay will not unduly hinder the progress of the Action or cause prejudice; and (iv) that the proceeding is not an abuse of process and that there are reasonable grounds for proceeding.

The Court of Appeal dismissed the Application. Antonio J.A. found that the Applicant’s arguments were premised on the frailties of old Orders that were not before the Court and for which the Appeal period had long expired. The Applicant also failed to show that the Chambers Judge had made any errors of fact or law, and the Court found that the Applicant would have a meagre chance of success on Appeal.

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