Gordon v. Holmen, 2015 ABCA 42
Judge | Paperny, J.A. |
Court | Court of Appeal (Alberta) |
Case Date | Tuesday January 27, 2015 |
Citations | 2015 ABCA 42;(2015), 593 A.R. 378 |
Gordon v. Holmen (2015), 593 A.R. 378; 637 W.A.C. 378 (CA)
MLB headnote and full text
Temp. Cite: [2015] A.R. TBEd. FE.005
Cory Roy Gordon (applicant) v. Rosa Maria Holmen (respondent)
(1401-0139-AC; 2015 ABCA 42)
Indexed As: Gordon v. Holmen
Alberta Court of Appeal
Paperny, J.A.
January 27, 2015.
Summary:
A June 20, 2014, order dealt with child support, parenting and mobility. The mother was granted the right to remove the parties' children from Alberta to Texas. The father filed a notice of appeal on June 24, 2014. No further steps were taken. The father was notified that the appeal had been struck on July 25, 2014, and that it had been deemed abandoned on October 28, 2014. On January 13, 2015, the father applied to restore his appeal.
The Alberta Court of Appeal, per Paperny, J.A., dismissed the application.
Practice - Topic 9205
Appeals - Abandonment of appeal - Reinstatement of abandoned appeal - A June 20, 2014, order dealt with child support, parenting and mobility - The mother was granted the right to remove the parties' children from Alberta to Texas - The father filed a notice of appeal on June 24, 2014 - No further steps were taken - The father was notified that the appeal had been struck on July 25, 2014, and that it had been deemed abandoned on October 28, 2014 - On January 13, 2015, the father applied to restore his appeal - The Alberta Court of Appeal, per Paperny, J.A., dismissed the application - The father lacked a reasonable explanation for the delay, which was significant - The children currently resided in Texas - The delay in prosecuting the appeal would prejudice them and the mother if the appeal was restored - Further, there was significant doubt as to the appeal's prospects of success.
Cases Noticed:
Cairns v. Cairns, [1931] 4 D.L.R. 819 (Alta. C.A.), refd to. [para. 2].
Phillips v. 707739 Alberta Ltd. et al. (2001), 286 A.R. 367; 253 W.A.C. 367; 2001 ABCA 219, refd to. [para. 2].
Counsel:
M.R. Moore, for the applicant;
R.M. Holmen, the respondent, in person.
This application was heard on January 27, 2015, by Paperny, J.A., of the Alberta Court of Appeal, who delivered the following oral reasons for decision on the same date.
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Clark v. Complaints Inquiry Committee, 2015 ABCA 271
...Phillips v. 707739 Alberta Ltd. et al. (2001), 286 A.R. 367; 253 W.A.C. 367; 2001 ABCA 219, refd to. [para. 5]. Gordon v. Holmen (2015), 593 A.R. 378; 637 W.A.C. 378; 2015 ABCA 42, refd to. [para. 5]. Prochazka v. Maintenance Enforcement Program, [2014] A.R. Uned. 450; 2014 ABCA 448, refd t......
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C.C. v. CFS, [2016] A.R. Uned. 51
...the delay will unduly prejudice the respondent. See: 707739 Alberta Ltd. v. Phillips , 2001 ABCA 219, at para, 14; Gordon v. Holmen , 2015 ABCA 42, at para. 2. [5] In my opinion, the prejudicial effect of delay on interested third parties must also be considered. [6] The recited factors are......
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C.C. v. CFS, [2016] A.R. Uned. 51
...the delay will unduly prejudice the respondent. See: 707739 Alberta Ltd. v. Phillips , 2001 ABCA 219, at para, 14; Gordon v. Holmen , 2015 ABCA 42, at para. 2. [5] In my opinion, the prejudicial effect of delay on interested third parties must also be considered. [6] The recited factors are......
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Clark v. Complaints Inquiry Committee, 2015 ABCA 271
...Phillips v. 707739 Alberta Ltd. et al. (2001), 286 A.R. 367; 253 W.A.C. 367; 2001 ABCA 219, refd to. [para. 5]. Gordon v. Holmen (2015), 593 A.R. 378; 637 W.A.C. 378; 2015 ABCA 42, refd to. [para. 5]. Prochazka v. Maintenance Enforcement Program, [2014] A.R. Uned. 450; 2014 ABCA 448, refd t......
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Cerato v Cerato,
...also The Owners: Condominium Plan No 982 6403 v CPI Crown Properties International Corporation, 2018 ABCA 232 at para 11; Gordon v Holmen, 2015 ABCA 42 at para 2, citing Cairns v Cairns, 1931 CanLII 471 (AB CA), [1931] 4 DLR 819 and 707739 Alberta v Philips, 2001 ABCA (a) there is arguable ......