Can an application be dismissed as a ground of appeal?

British Columbia, Canada


The following excerpt is from Bentley v. The Police Complaint Commissioner, 2012 BCCA 514 (CanLII):

In Cridge v. Ivancic, 2010 BCCA 476, 10 B.C.L.R. (5th) 296, Madam Justice Ryan considered an application which would have foreclosed the appellant from alleging, as a ground of appeal of a final order, that the judge erred in refusing an adjournment. In dismissing the application, Madam Justice Ryan first observed that the appellant would have required leave to appeal had she sought to appeal the denial of an adjournment before the trial concluded. But she had not done so, and Madam Justice Ryan held it was open to her to argue, as part of her appeal of the judgment, that the order or ruling was in error. She said:

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