Gill v Alberta Environmental Appeals Board

canada, canadian, case law, court opinion, canlii, abca, 2026abca277, 2026 abca 277 (canlii), 2026, abca, 277, (canlii), 2501-0200ac, 2026, procedure, appeals, restoration of appeal, alberta rules of court, r 14.47, whether it is in the interests of justice to restore a struck appeal, appeal previously struck under r 14.23(1) for failure to file factum, discretionary factors applied, including diligence and compliance, application dismissed, procedure, appeals, arguable merit, whether the appeal lacks arguable merit on a “not frivolous” threshold, applicants failed to articulate cogent viable arguments in notice of appeal, rejected factum, or submissions, preliminary merits assessment considered in restoration analysis, lack of apparent merits weighed against restoration, application dismissed, procedure, appeals, delay and compliance, whether explanation for defect and promptness to cure justify restoration, factum rejected for formatting non, compliance, applicant’s absence accepted as hampering resubmission, no compliant factum filed for more than eight months, failure to use reasonable efforts to comply with rules of court weighed against restoration, application dismissed, procedure, appeals, prejudice, whether respondents suffered prejudice from delay, respondent director opposed restoration, no prejudice found from rejected factum or time since passed, prejudice considered alongside merits and diligence in interests of justice, each party to bear own costs, application dismissed