14.5: Appeals only with permission

Case Summary

This was an Application, pursuant to Rule 14.5(1)(j), for permission to Appeal an Order declaring the Applicant a vexatious litigant and imposing Court access restrictions (the “VL Order”).

The VL Order arose from an Originating Application brought by the Applicant challenging the constitutionality of the Residential Tenancies Act, SA 2004, c R–17.1. Following a successful Application by the Respondent to strike the Originating Application, the Court, on its own motion, initiated a process under the Judicature Act, RSA 2000, c J–2, resulting in the VL Order.

The Court of Appeal observed that, in similar Applications, Courts have considered three questions: (1) is there an important question of law or precedent?; (2) is there a reasonable chance of success on Appeal?; and (3) will the delay unduly hinder the progress of the Action or cause undue prejudice? Applying the test, the Court agreed with the Applicant that the Appeal was important because it addressed the circumstances in which a Court may initiate processes to impose access restrictions. The Court also agreed that the Appeal had a reasonable chance of success, in light of the Chambers Judge’s reasons and the VL Order’s scope, and that denial of permission to Appeal could prejudice the Applicant without corresponding prejudice to the Respondent.

In the result, the Court granted permission to Appeal the VL Order, together with various other Orders to facilitate and frame the ensuing Appeal.

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