Strang v. Fegol, (2015) 315 Man.R.(2d) 117 (CA)

• Judge: Steel, Monnin and Cameron, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: January 26, 2015
• Jurisdiction: Manitoba
• Citations: (2015), 315 Man.R.(2d) 117 (CA);2015 MBCA 11

Strang v. Fegol (2015), 315 Man.R.(2d) 117 (CA);

      630 W.A.C. 117

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. FE.013

Stephen Alan Strang (applicant/respondent/respondent) v. Ken Fegol (respondent/applicant/appellant)

(AI 14-30-08215; 2015 MBCA 11)

Indexed As: Strang v. Fegol

Manitoba Court of Appeal

Steel, Monnin and Cameron, JJ.A.

January 26, 2015.

Summary:

Fegol had a longstanding dispute with the municipality over the tax sale of his property in 1991. The mayor obtained a protection order under the Domestic Violence and Stalking Act prohibiting Fegol from having contact with him and his two minor children. Fegol applied to set aside the protection order.

The Manitoba Court of Queen's Bench, in a judgment reported at (2011), 273 Man.R.(2d) 83, dismissed the application. Fegol sought to file a notice of appeal within 30 days of the judgment being filed, but the court Registry refused to accept it because it was not filed within 30 days of the judgment being pronounced, as required. Fegol did nothing further until June 2014, when he moved to extend the time to appeal. A Chambers judge dismissed the motion, because Fegol chose to wait two years to pursue the matter for personal reasons and there were no arguable grounds of appeal. Fegol appealed.

The Manitoba Court of Appeal dismissed the appeal as moot. The protection order under review had expired. The mayor had obtained a new protection order (a new proceeding rather than a continuation of the previous order). There was no basis for the court to exercise its discretion to hear the moot appeal, as it would not settle an outstanding dispute or provide guidance to other parties on a question of law. In any event, the Chambers judge did not err in denying an extension of time.

Practice - Topic 8858

Appeals - Bar or loss of right of appeal - Moot issues - Fegol had a longstanding dispute with the municipality over the tax sale of his property in 1991 - The mayor obtained a protection order under the Domestic Violence and Stalking Act prohibiting Fegol from having contact with him and his two minor children - In 2011, Fegol unsuccessfully applied to set aside the protection order - Fegol failed to file his notice of appeal in time - He did nothing further until June 2014 (two years later), when he moved to extend the time to appeal - A Chambers judge dismissed the motion, because Fegol chose to wait two years to pursue the matter for personal reasons and there were no arguable grounds of appeal - The Manitoba Court of Appeal dismissed Fegol's appeal as moot - The protection order under review had expired - The mayor had obtained a new protection order (a new proceeding rather than a continuation of the previous order) - There was no basis for the court to exercise its discretion to hear the moot appeal, as it would not settle an outstanding dispute or provide guidance to other parties on a question of law - In any event, the Chambers judge did not err in denying an extension of time.

Practice - Topic 9002

Appeals - Notice of appeal - Extension of time for filing and serving notice of appeal - [See Practice - Topic 8858 ].

Counsel:

K. Fegol, on his own behalf;

M.G. Tramley, for the respondent.

This appeal was heard on January 26, 2015, before Steel, Monnin and Cameron, JJ.A., of the Manitoba Court of Appeal.

On January 26, 2015, Monnin, J.A., delivered the following judgment orally for the Court.