UNRAU v FREAKE, 2011 ABQB 663
12.70: Powers of Court on appeal
This Appeal related to a decision of the Provincial Court on a parenting-time claim. The grounds of the Appeal related to errors of law, reviewable on a standard of correctness. Ross J. allowed the Appeal and determined that, pursuant to Rule 12.70, the appropriate remedy was not to return the matter to Provincial Court for a new hearing (pursuant to Rule 12.70(d)) since such remedy could involve a significant delay. The Court instead exercised its jurisdiction under Rule 12.70(c), which permits the Court to make an Order that the Provincial Court could have made. Ross J. indicated that the decision to invoke Rule 12.70(c) would be in the best interests of the child and it would allow the allocation of a parenting time accordingly.
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