ZORBAWON v SALES, 2025 ABCA 203

SHANER JA

9.4: Signing judgments and orders
14.16: Filing the Appeal Record – standard appeals
14.17: Filing the Appeal Record – fast track appeals
14.5: Appeals only with permission
14.64: Failure to meet deadlines

Case Summary

The Applicant filed two Appeals for two decisions arising from a family dispute (the “Appeals”). The Case Management Officer (“CMO”) found that the Appeals were related and directed them to be heard together. The Applicant, however, failed to file the Joint Appeal Record by the deadline ordered by the CMO. The first Appeal was struck pursuant to Rules 14.17(1) and 14.64(a) and the second Appeal was struck in accordance with Rules 14.16(3) and 14.64(a). The Applicant sought to restore the Appeals, which Shaner J.A. dismissed as the Applicant failed to provide a satisfactory reason for the delay and the Appeals lacked merit (the “Decision”).

The Applicant subsequently filed an Application to Appeal the Decision to a panel of the Court pursuant to Rules 14.5(1)(a) and 14.15(2) (the “Application”). After setting out the law, Shaner J.A. dismissed the Application, finding that it was not in the interests of justice for a panel of the Court to review the Decision and that the Applicant had not identified a question of general importance, a possible error law, or an unreasonable exercise of discretion.

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