In 2009, the Applicant filed a Statement of Claim against the Respondent (the “Action”). On February 17, 2023, Applications Judge Farrington dismissed the Action pursuant to Rule 4.31 (the “Farrington J. Order”). On February 5, 2024, Simard J. dismissed the Appeal of the Farrington J. Order (the “Simard J. Order”). The Simard J. Order was filed March 5, 2024, and transmitted to the Applicant’s office. On March 6, 2024, the Applicant attempted to file a Notice of Appeal of the Simard J. Order, which was rejected as, pursuant to Rule 14.8(2)(a)(iii), the deadline for filing a Notice of Appeal was March 5, 2024. The Applicant sought an Order extending time to file the Notice of Appeal.

Justice Ho considered the factors that guide the Court in exercising its discretion to extend the time to Appeal as set out in Cairns v Cairns, 1931 CanLII 471 (AB CA) (“Cairns”). Ultimately, the Court granted the Application, noting that the Cairns factors weighed in favour of granting an extension and accepting the Applicant’s counsel explanation that there was a misunderstanding about the requirement to file within “one month” as opposed to within 30 days.