A recent decision from the Alberta Court of Appeal emphasizes the importance of meeting filing deadlines in the legal profession.
Holden v Holden, 2022 ABCA 341 involved a fast-track appeal application against an order issued on April 28, 2022. The order gave the respondent sole decision-making for the children of the marriage with respect to COVID-19 vaccines. On May 11, 2022, the applicant applied for a fast-track appeal. On May 27, 2022, a consent stay order was issued until the appeal had been heard or until the parties reached a written agreement. On June 13, 2022, the applicant filed the appeal record.[1]
Justice Thomas W. Wakeling would not accept the appeal record because the applicant’s counsel applied the wrong rule and missed the filing deadline. The filing deadline for an appellant who had secured a stay was not the deadline under rule 14.24(1)(a) of the Alberta Rules of Court.[2] The correct rule to be applied in this case was rule 14.47(a) which provides that, “[a]n application to restore an appeal that has been struck … must be filed and served as soon as reasonably possible”.[3]
Since the applicant filed his restoration application fifty-one days after, it was not considered “as soon as reasonably possible” as required by rule 14.47(a). Further, counsel for the applicant’s inability to prepare the application on an expedited basis due to her serious medical condition was insufficient reasoning for the delay. Justice Wakeling held that counsel should have notified the Registrar or the Case Management Officer, and opposing counsel of the delay. The applicant’s counsel should have also asked someone else at her firm, or at another firm, to file the application before the deadline.[4]
This decision serves as an important reminder to practitioners. Lawyers must always ensure that filing deadlines are met in accordance with the Alberta Rules of Court and that these rules are applied accordingly.
For more information on this decision, read Justice Wakeling’s reasoning here.
[1] Holden v Holden, 2022 ABCA 341 at para 1 – 9.
[2] Alberta Rules of Court, Alta. Reg. 124/2010, r. 14.24(1).
[3] ibid at r. 14.47(a).
[4] supra note 1 at para 17-18.
