WORBECK v GEF SENIORS HOUSING, 2024 ABCA 159

SLATTER JA

14.16: Filing the Appeal Record – standard appeals

Case Summary

The Applicant applied to restore the Appeal of a decision that struck out his Statement of Claim. The Appeal was struck by the Registrar under Rule 14.16(3) for the Applicant’s failure to file the Appeal Record in time.

Appeal Justice Slatter dismissed the Application to Restore the Appeal, noting that the Applicant’s materials, much like his Statement of Claim, were difficult to read and understand. Notwithstanding that the Appeal was struck some time ago, the Applicant was still not in a position to file the Appeal Record and failed the test for restoring Appeals set out in Li v Morgan, 2020 ABCA 186.

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