14.5: Appeals only with permission

Case Summary

In the underlying Action, the Trial Judge had dismissed the claims of the Applicant because they were time barred and the claims were not established by the evidence. The Applicant then filed an Appeal on May 23, 2019 and was told by the Case Management Officer that the Appeal Record was due by September 23, 2019. The Appeal Record was not filed, and the Appeal was therefore struck on September 24, 2019. On March 3, 2020, the Applicant filed an Application to restore the Appeal. Justice Strekaf dismissed the Application: this was an Application to seek leave to Appeal that Decision of Justice Strekaf. 

Rule 14.5(1) provides that permission is required to Appeal the decision of a single Judge of the Court of Appeal, and Rule 14.5(2) provides that permission needs to be sought from the Judge who made the Decision. Permission to restore an Appeal is discretionary. The Applicant reargued the merits of her Appeal and the relevant factors for restoring her Appeal. Justice Strekaf applied the relevant legal test for permission to Appeal and found that the Applicant had not raised a question of general importance; did not identify a possible error of law; did not demonstrate that there was an unreasonable exercise of discretion; and did not argue that there was a misapprehension of the facts. Accordingly, Her Ladyship dismissed the Application.

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