Gordon v. Holmen, 2015 ABCA 42

• Judge: Paperny, J.A.
• Court: Court of Appeal (Alberta)
• Case Date: 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.