Granted (1)

Family Law: Mobility 

Barendregt v. Grebliunas, 2021 BCCA 11 (39533)
The Court of Appeal overturned the trial judge’s decision to allow a mother of children to relocate with them to distant community close to her family, the Court of Appeal allowing the admission of father’s new evidence of financial improvements occurring since the hearing of the appeal and overturning the relocation order. Whether the conditions under which new evidence may be admitted are unclear, particularly in custody disputes. How should the Palmer test to admit fresh or new evidence be applied in the “slightly relaxed” conditions of custody cases and should a different test be applied to applications involving “fresh” evidence as opposed to “new” evidence? The mother’s motion for a stay was granted Feb. 12, 2021 by Justice Karakatsanis. “The application for leave to appeal…is granted with costs in the cause.”

Dismissed (1)

Administrative Law: Double Bear v. Chief Know It All v. Trooper John 

Rollingson Racing Stables Ltd., et al. v. Horse Racing Alberta, et al., 2020 ABCA 419 (39536)
A horse owned by Rollingson Racing Stables Ltd. and others finished in first place at the Canadian Derby in 2017.  A Board of Stewards dismissed a complaint alleging disqualifying interference brought by Harold W. Veale Professional Corporation.  Harold W. Veale Professional Corporation appealed to an Appeal Tribunal established under the Horse Racing Alberta Act.  Two members of the Appeal Tribunal constitute a quorum under s. 23(9).  Two members heard the appeal and reserved their decision.  One member’s appointment to the Appeal Tribunal was rescinded while the decision was under reserve.  The Minister of Finance later issued a Ministerial Order permitting that member to participate in the delivery of decisions, including the preparation of written reasons, in appeals she had heard while a member.  The Appeal Tribunal released a decision declaring the Rollingson Racing Stables Ltd.’s horse disqualified and Harold W. Veale Professional Corporation’s horse a joint winner of the derby.  The Court of Queen’s Bench dismissed an application for judicial review and the C.A. dismissed an appeal. “The application for leave to appeal…is dismissed with costs.”