Can a subsequent appeal be heard on the basis that the appeal does not lack merit?
British Columbia, Canada
The following excerpt is from J.J. v. Coquitlam School District No. 43, 2010 BCCA 182 (CanLII):
Where one justice has granted relief on the basis an appeal does not lack merit, another justice, hearing a subsequent application, cannot grant relief sought because the appeal does lack merit. Where it has been said by the first the issues in an appeal are worthy of leave to appeal being granted, it is not for the second to deny an extension of time to perfect the appeal on the basis it has no hope of success: Sekhon v. Armstrong, 2003 BCCA 318, paras. 27-28. It was not then open to the justice who ordered the appellant to post security for costs to make the order she did on the basis the appeal was bound to fail.
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