Hayden v Alberta (Workers’ Compensation Board)

canada, canadian, case law, court opinion, canlii, abca, 2026abca278, 2026 abca 278 (canlii), 2026, abca, 278, (canlii), 2603-0104ac, 2026, procedure, appeals, restoration of appeal, fast track appeal struck for failure to file transcript, interests of justice factors, arguable merit, explanation for delay, promptness, intention, prejudice, alberta rules of court, alta reg 124/2010, rr 14.16(3), 14.64(a), preliminary merits review considered, application dismissed, procedure, injunctions, duplicative proceedings, originating application seeking “emergency interim injunction” and “interim order”, whether the april application was duplicative and an impermissible attempt to relitigate, prior order and adjourned hearing noted, mandatory injunction and reinstatement of subsistence benefits sought, appeal on the merits hopeless, application dismissed, procedure, procedural fairness, right to be heard, whether the chambers judge failed to give an adequate opportunity to be heard, alleged lack of candour by respondent’s counsel regarding “goodwill gesture”, no indication motivation behind payment bore on the decision, applicant heard without interruption until repeating, no arguable appeal on fairness, application dismissed, procedure, costs, appeal and standard of review, no appeal as of right on costs alone, alberta rules of court, alta reg 124/2010, r 14.5(1)(e), deferential review of costs award, duplicative emergency application and pending hearing considered, costs on restoration governed by r 14.88, with each party bearing its own, application dismissed