Case Overview:

• This case involves an application by William Vizor and Dow Jones Hauling Ltd for permission to appeal a prior decision made by Justice Dawn Pentelechuk in Vizor v 383501 Alberta Ltd (Val Brig Equipment Sales), 2024 ABCA 96.
• The prior decision denied Mr. Vizor’s attempt to restore his appeal, which had been struck due to a missed filing deadline.

Legal Rules and Principles:

• The application for appeal was filed over a month after the original decision, exceeding the time limit under Rule 14.8(2)(a) of the Alberta Rules of Court.
• To grant permission to appeal under Rule 14.5(1)(a), an applicant must demonstrate:
  1. A question of general importance.
  2. A possible error of law.
  3. An unreasonable exercise of discretion.
  4. A misapprehension of important facts.

Court's Analysis:

• Mr. Vizor failed to provide valid grounds to justify an appeal.
• As stated in Ouellette et al v Law Society of Alberta, 2021 ABCA 283, a single judge should only grant appeal permission if there is a compelling reason requiring a panel to decide the matter. No such reason was presented.

Decision:

• The application was dismissed due to untimeliness and a lack of merit.
• The Court invoked Rule 9.4(2)(c), requiring the Court to prepare the resulting order.
• No monetary award specified.

Conclusion:

• Justice Pentelechuk found no compelling legal or factual basis to reconsider the earlier decision.