Whistle Stop Café owner loses another legal battle, denied permission to appeal
Christopher Scott, the owner of the Whistle Stop Café, has lost another legal battle after being denied permission to appeal a scheduling order that he claimed could have led to him avoiding a contempt of court conviction in June.
Alberta Court of Appeal Justice Jolaine Antonio rejected Scott's argument that the injunction against him should be thrown out because his legal counsel was not present while the judge was hearing the injunction application.
"Mr. Scott's effort to cloak the scheduling question in principles of justice depends on an assumption that [his] argument is correct. As that argument has not yet been heard in the court below, I cannot make that assumption," reads Antonio's ruling.
Scott was found guilty of contempt of court last month.
Antonio also noted the Public Health Act allows interim orders to be made without the other party's lawyer being present.
She also shot down Scott's argument that had he successfully argued for the injunction to be thrown out, his contempt of court proceedings would have unfolded differently.
"I am not willing to find prejudice by contrasting reality with hypothesis."
Antonio noted a parallel application for a stay proceeding against Scott was abandoned.
Scott was arrested on May 8 during a rally near his café in Mirror, Alta., about 150 kilometres south of Edmonton.
The rally was deemed to be in violation of a May 6 injunction order applied for and obtained by Alberta Health Services under the Public Health Act against Scott and the café ahead of the rally two days later.
Scott's appeal argument centred on a May 13 scheduling order where his lawyer argued that because he wasn't in court when the injunction application was being heard, the order against Scott should be thrown out.
That argument was one of several advanced by Scott's lawyer but Antonio noted the judge "would not hear the application 'piece by piece.'"
When given the choice to proceed with the entire application or delay until a later date, Scott's lawyer chose to adjourn proceedings without setting a date to resume.
"Even an appellate court cannot reverse the flow of time; as such, appeals from scheduling and case-flow orders can be pointless or detrimental," reads Antonio's ruling, noting "orders of this kind are reviewed deferentially and are rarely varied on appeal."
Scott is scheduled to be sentenced later this month for his contempt of court conviction.
CTVNews.ca Top Stories
Spectacular aurora light show to be seen across Canada Friday night
A rare and severe solar storm is expected to bring spectacular displays of the northern lights, also known as aurora borealis, across much of Canada and parts of the United States on Friday night.
Which Canadian cities have the highest and lowest grocery prices?
Where you live plays a big factor in what you pay at the grocery store. And while it's no secret the same item may have a different price depending on the store, city or province, we wanted to see just how big the differences are, and why.
McGill University seeks emergency injunction to dismantle pro-Palestinian encampment
McGill University has filed a request for an injunction to have the pro-Palestinian encampment removed from its campus.
Swarm of 20,000 bees gather around woman’s car west of Toronto
A swarm of roughly 20,000 bees gathered around a woman’s car in the parking lot of Burlington Centre.
U.S. says Israel's use of U.S. arms likely violated international law, but evidence is incomplete
The Biden administration said Friday that Israel's use of U.S.-provided weapons in Gaza likely violated international humanitarian law but wartime conditions prevented U.S. officials from determining that for certain in specific airstrikes.
Barron Trump declines to serve as an RNC delegate
Former U.S. President Donald Trump's youngest son, Barron Trump, has declined to serve as a delegate at this summer’s Republican National Convention, according to a senior Trump campaign adviser and a statement from Melania Trump's office.
Mother assaulted by stranger while breastfeeding baby in her car: Vancouver police
A person was arrested in East Vancouver Thursday after allegedly entering a car while a mother was breastfeeding her four-month-old boy.
'We have laws': Premier Smith says police action justified in Calgary
The actions, including the decision to use non-lethal force, to disperse pro-Palestinian protesters from the University of Calgary campus were justified, Alberta Premier Danielle Smith said Friday.
'State or state-sponsored actor' believed to be behind B.C. government hacks
The head of British Columbia’s civil service has revealed that a “state or state-sponsored actor” is behind multiple cyber-security incidents against provincial government networks.