McCormack v Alberta (Attorney General)

canada, canadian, case law, court opinion, canlii, abca, 2026abca272, 2026 abca 272 (canlii), 2026, abca, 272, (canlii), 2603-0009ac, 2026, procedure, appeals, application to restore appeal, alberta rules of court, alta reg 124/2010, r. 14.47, whether struck and deemed abandoned appeal should be restored, discretionary factors including arguable merit, explanation for delay, promptness, intention, and lack of prejudice, interests of justice analysis, prochazka v alberta (maintenance enforcement program) applied, application dismissed, procedure, appeals, compliance with rules, unsworn affidavit not filed, whether applicant established compelling explanation and reasonable promptness, self, represented litigant required to comply with timelines, prior experience with appeals deemed abandoned considered, no draft appeal record or factum provided to indicate intention and ability to proceed, explanation for delay found far from compelling, application dismissed, procedure, appeals, arguable merit, whether proposed grounds met low threshold of arguable merit, notice of appeal difficult to decipher and issues not before chambers judge, transcript fee waiver rulings assessed, including mootness and lack of public interest reason, universal waiver and jurisdiction concerns addressed, discretionary rulings reviewed and found to have no chance of success, application dismissed, procedure, appeals, discretionary rulings in chambers, whether any appealable error shown in adjournment, recusal, amicus, case management, scheduling directions, and substitutional service, deference to discretionary decisions emphasised, no procedural fairness impact identified on adjournment, recusal requires substantial grounds and cogent evidence, amicus essentiality test applied, no arguable merit found, application dismissed, procedure, appeals, prejudice and finality, whether respondents would be prejudiced by restoration and delay, successful party’s legitimate expectation that the judgment is final considered, length of delay weighed with other rule 14.47 factors, discretion to restore appeal to be used sparingly in the interests of justice, rule 9.4(2)(c) invoked, application dismissed