14.38: Court of Appeal panels

Case Summary

In a previous Decision, an Appeal was allowed in part with respect to a Case Management Judge’s Decision striking the Statement of Claim. On Appeal, certain portions of the Statement of Claim were reinstated while the balance remained struck. Flowing from the Appeal Decision, the Plaintiffs filed an Amended Statement of Claim.

In this Application before the Court, the Defendants asserted that the latest iteration of the Statement of Claim did not comply with the Appeal Decision. The Defendants therefore applied for an Order pursuant to Rule 14.38(2)(d) directing the Plaintiffs to amend their Statement of Claim.

Rule 14.38 outlines what types of Applications must be heard by a panel of the Court of Appeal as opposed to a single Judge of the Court of Appeal. Rule 14.38(2)(d) states that an Application for directions required to give effect to an Appeal Decision must be heard by an Appeal Panel unless otherwise directed.

The Court held that this Application was not contemplated by 14.38(2)(d). The Court explained that the Appeal Decision was an adjudication of the types of claims which should be allowed to proceed and was not about the specific manner in which the Plaintiffs should plead their case. The Court held that pleadings are within the purview of the Trial Court and, in dismissing the Application, directed the parties to the Court of Queen’s Bench Case Management Judge to resolve concerns with the latest amendments to the Statement of Claim.

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