The applicant brought a motion for a rehearing of a custody appeal, arguing that the respondents failed to serve an intervener from the court below with the application for leave to appeal and notice of appeal.
The Supreme Court of Canada dismissed the motion, finding that the intervener did not qualify as a 'party' requiring service under the applicable rules.
Furthermore, the applicant was aware of the lack of service prior to the original hearing and failed to demonstrate any potential failure of justice that would justify a rehearing.
