VLM DOMINEY ESTATE , 2023 ABCA ABCA

SLATTER, PENTELECHUK AND ANTONIA JJA

14.27: Filing Extracts of Key Evidence

Case Summary

The Court allowed the Plaintiff’s Appeal from an Order denying the certification of Class Action.

At the end of its Decision, the Court commented that it was inappropriate for the Appellant to file the entire Trial Record in this Appeal. The Court cited Rule 14.27, which specifically requires that only evidence needed to resolve the Appeal is to be filed with the Court of Appeal. Such requirement can find its support in Rule 14.28(1), which provides that all the Trial Records are part of the Appeal Record even if copies are not filed with the Court of Appeal.

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