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ARTICLE · 09 FEBRUARY 2023

Hit The Ground Running: What To Do When Your Appeal Is Struck

Gowling WLG
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In Can v Alberta Securities Commission, 2023 ABCA 21, Madam Justice Rowbotham of the Alberta Court of Appeal issued brief written reasons reiterating and considering the test...

CanadaLitigation, Mediation & Arbitration
Emily McCartney
Emily McCartney
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In Can v Alberta Securities Commission, 2023 ABCA 21, Madam Justice Rowbotham of the Alberta Court of Appeal issued brief written reasons reiterating and considering the test to restore an appeal.

The Court of Appeal will consider the following factors in assessing whether to restore an appeal:

  1. Whether the applicant intended in time to proceed with the appeal;
  2. What explanation is offered by the applicant for the defect or delay which caused the appeal to be struck or deemed abandoned;
  3. Whether the applicant moved with reasonable promptness to cure the defect and have the appeal restored;
  4. Whether the appeal has arguable merit; and
  5. Whether the respondents have suffered any prejudice, which includes consideration of the length of delay.

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