WEIDENFELD v ALBERTA (MINISTER FOR SENIORS AND HOUSING), 2023 ABCA 14
14.15: Ordering the Appeal Record
14.48: Stay pending appeal
14.37: Single appeal judges
The Applicant applied for a Stay Pending Appeal of two Orders granted in October and November of 2022 (the “Stay Application”). An Appeal had commenced with respect to the Order granted in October (the “October Order”) but not the Order granted in November (the “November Order”). The Court dismissed the Stay Application in its entirety. More specifically, with respect to the November Order, the Court understood that Rule 14.48 did not grant the Court jurisdiction to Stay its effect absent an Appeal of the November Order.
The Applicant sought an Order directing that the October and November Decisions and corresponding Orders be removed from online databases (the “Publication Relief”). The Court stated that it was doubtful that the Publication Relief was within the jurisdiction of a single Justice of the Court of Appeal pursuant to Rule 14.37.
The Court additionally determined that it was not prepared to issue an Order dispensing with the Rule 14.15 requirement mandating that the Applicant include a transcript in the Appeal Record. More specifically, the Court acknowledged that the Applicant may have to take steps to manage his finances but that ordering transcripts is an ordinary cost associated with litigation and the Applicant had a reasonable amount of time to address the issue.View CanLII Details