Citation: Kuny v Pullan Kammerloch Frohlinger et al, 2022 MBCA 17 Date: 20220209 IN THE COURT OF APPEAL OF MANITOBA Coram: Madam Justice Holly C. Beard Mr. Justice Christopher J. Mainella Madam Justice Jennifer A. Pfuetzner Docket: AI20-30-09529 ) BETWEEN : ) ) DOUGLAS J. KUNY ) D. J. Kuny ) on his own behalf (Plaintiff) Appellant ) ) - and - ) K. J. Ferbers and ) A. J. Meyers PULLAN KAMMERLOCH FROHLINGER ) for the Respondents ) (Defendant) Respondent ) ) Appeals heard and - and - ) Decision pronounced: ) October 29, 2021 Docket: AI20-30-09530 ) BETWEEN : ) ) Motion under Court of DOUGLAS J.

KUNY ) Appeal Rule 46.2 ) (Plaintiff) Appellant ) ) Decision pronounced: - and - ) February 9, 2022 ) PITBLADO LLP ) ) (Defendant) Respondent ) PER CURIAM [ 1 ] The plaintiff moves, in both proceedings, for an order pursuant to r 46.2 of the MB, Court of Appeal Rules , MR 555/88R (the Rules ), for the rehearing of his appeals, which were dismissed on October 29, 2021 (see 2021 MBCA 90 ). No certificates of decision have yet been entered.

All parties have filed memoranda of argument, addressing the motion. [ 2 ] In Rémillard v Rémillard , 2015 MBCA 42 , Hamilton JA set out the principles governing a motion for a rehearing under r 46.2 (see paras 7-9) and concluded that “the rehearing of an appeal is to be ‘granted only in exceptional circumstances, where the interests of justice manifestly compel such a course of action’” (at para 8). [ 3 ] We have reviewed the written materials that have been filed and we are satisfied that this motion does not require any oral argument related to either appeal (see r 46.2(9)). [ 4 ] We are of the view that the written material does not set out any issues that meet the test for a rehearing as set out in Rémillard .

We continue to be of the view that there was no merit to either of the appeals and, based on the written material that has been filed in this motion, there is nothing in the motion that raises a question about that prior conclusion. [ 5 ] For these reasons, we are dismissing the motion for a rehearing of both appeals with one set of costs to the respondents. JA

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