Alberta Court of Appeal Rejects Permission to Appeal Consent Order in Bosse v Carrigan Arbitration

• The Alberta Court of Appeal dismissed an application for permission to appeal a consent order in the Bosse v Carrigan arbitration dispute.
• The proposed appeal had no reasonable chance of success, failing to raise any significant issues of law or precedent.
• The court emphasized that applicants seeking permission to appeal consent orders must demonstrate three key requirements: raising an important question of law or precedent, having a reasonable prospect of success, and not causing undue delay or prejudice.

The proposed appeal had no reasonable chance of success, failing to raise any significant issues of law or precedent.

The Alberta Court of Appeal has dismissed an application for permission to appeal a consent order in the arbitration dispute between Bosse and Carrigan, citing that the proposed appeal had no reasonable chance of success. The dispute concerns lands co-owned by the parties under a co-ownership agreement, which was submitted to binding arbitration. The arbitrator issued interim awards on July 28, 2025, and August 18, but the applicant's applications seeking to overturn these awards were struck due to lack of leave in November 2025. A consent order was eventually made on April 30, 2026, which confirmed and made enforceable the interim award, while staying the requirement for the applicant to vacate the property under certain conditions.

The Court of Appeal relied on prior decisions in determining that an applicant seeking permission to appeal a consent order must establish three key requirements: raising an important question of law or precedent, having a reasonable prospect of success, and not causing undue delay or prejudice to the parties. In this case, the court found that the proposed appeal failed to meet these criteria, as it did not raise any significant issues of law or precedent and had no realistic chance of succeeding. The court also noted that the November proceedings were consensual, with counsel reading agreed terms into the record while the applicant was present.

This decision sets a high bar for obtaining permission to appeal consent orders in Alberta, requiring applicants to demonstrate a strong case and a reasonable prospect of success. Lawyers should be aware that the Court of Appeal will closely scrutinize applications for permission to appeal consent orders, ensuring that they meet the necessary criteria before granting permission. This ruling highlights the importance of carefully considering the merits of an appeal before submitting an application for permission.

Lawyers should be aware that the Alberta Court of Appeal has set a high bar for obtaining permission to appeal consent orders, requiring applicants to demonstrate an important question of law or precedent and a reasonable prospect of success.

Source: Original reporting via Canadian Legal Newswire