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Patel v Parikh

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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canadacanadiancase-lawcompliancediscretionfamilyprocedure
canada, canadian, case law, court opinion, canlii, abca, 2026abca299, 2026 abca 299 (canlii), 2026, abca, 299, (canlii), 2501-0320ac, 2026, family, family law arbitration, arbitration act, rsa 2000, c a, 43, spousal support, retroactive child support, division of family property, appeal of family law arbitration award to court of king's bench, appeal struck for failure to comply with filing deadline, appeal dismissed, procedure, peremptory order, striking for non, compliance, whether chambers judge erred in striking appeal for failure to file and serve by deadline, peremptory order stated appeal would be struck if materials not filed, attempted e, filing not completed due to procedural irregularity, appeal dismissed, procedure, discretion, proportionality and fairness, whether chambers judge failed to exercise discretion judicially by treating non, compliance as determinative, consideration of surrounding circumstances including prejudice and efforts to comply, alberta rules of court, alta reg 124/2010, rule 1.2 considered, appeal dismissed, procedure, appellate review, discretionary rulings, whether appellate intervention warranted for legal error, palpable and overriding factual error, or failure to exercise discretion judicially, standard from resler v anglin, 2026 scc 23 at para 24 applied, record insufficient to show palpable and overriding error, appeal dismissed, procedure, rules of court, rule 1.2, whether rule 1.2 required a less drastic remedy and precluded striking, claims to be fairly and justly resolved and sanctions proportional, principles important but did not fetter discretion to strike in circumstances, appeal dismissed
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