1182573 B.C. Ltd. v Gerber

Decided: 2026-10-07. Docket: CA51532. Citation: 2026 BCCA 399 (CanLII). Procedure — Appeals — Leave to appeal — Limited appeal orders — Whether leave is required under CA Rule 11 for security for costs and notices to admit — Court of Appeal Act, s. 13 and CA Rule 22 on when an appeal is brought — Part 7 Civil Rules orders treated as limited appeal orders — Leave required | Procedure — Appeals — Quashing and conversion — Notice of appeal filed without seeking leave — Whether notice of appeal should be converted to an application for leave to appeal — CA Rule 12(c) and Form 1 referenced — Discretion exercised to entertain leave application despite delay — Notice converted, but leave refused | Procedure — Appeals — Leave criteria — Security for costs — Whether leave to appeal should be grante