Allan Dare Pearce

The moving party sought to dismiss the responding party's appeal of a family law judgment.

The responding party had previously been declared a vexatious litigant and was denied leave to continue the appeal under s. 140 of the Courts of Justice Act.

The responding party argued that the court should dispense with the leave requirement under rule 2.03 of the Rules of Civil Procedure.

The Court of Appeal held that rule 2.03 only permits dispensing with compliance with the Rules, not statutory requirements.

The appeal was quashed.

The appellant brought a motion to set aside an order of Blair J.A., which denied his request for the province to pay for appeal transcripts and refused a stay of child support pending appeal.

The Court of Appeal found no error in the single judge's analysis or conclusions and dismissed the motion.