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Word of the Week | Subject to the Rules of Court

Word of the Week | Subject to the Rules of Court

SUBJECT TO THE RULES OF COURT



Alberta



[Per O'Ferrall J.A. (concurring in the result):] The powers of review conferred upon the Court of Appeal by the Judicature Act R.S.A. 2000, c. J-2 are stated to be subject to the Rules of Court. I question whether the phrase "subject to the Rules of Court" permits substantive amendment of the power and jurisdiction conferred on the Court of Appeal by the Legislature ... the words simply authorize the making of procedural rules governing the exercise of that power and jurisdiction. Regardless of the correctness of that view ... there is nothing in the Rules of Court constraining the Court of Appeal's power and jurisdiction, other than the requirement, in certain cases, to seek permission to appeal (Rule 14.5).
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