AR v JU, 2021 ABCA 199


13.4: Counting months and years
14.9: Appeals from several decisions
14.8: Filing a notice of appeal

Case Summary

Justice Khullar heard an Application to extend the time to file an Appeal. The Applicant requested a declaration that her Notice of Appeal was not filed out of time or, alternatively, if the Notice of Appeal was out of time, sought an extension of one-day to file.

The Applicant had previously filed a Notice of Appeal of an Interim Order related to the Action. A Final Order was subsequently filed. The Applicant believed that under Rule 14.9, there was no obligation to file a Notice of Appeal of the Final Order, as the Applicant took the position that the Final Order fell under the exception at Rule 14.9(c), which provides that a Notice of Appeal does not need to be filed where “the appeal is of a decision that varies, confirms, explains, or provides for the enforcement of a previous decision, and the previous decision is also being appealed” as the Applicant understood that the Final Order simply confirmed the Interim Order. Justice Khullar disagreed with this position and found that the Final Order permanently crystallized the parenting arrangement in questions, and therefore, did more than confirm the Interim Order.

Further, under Rule 14.8(2), the Applicant was obligated to file the Notice of Appeal within one month following the date of the Decision. Justice Khullar confirmed that the Notice to Appeal of the Final Order was filed one day late under Rule 13.4(1). Despite failing to meet the deadline for filing a Notice of Appeal, Justice Khullar granted the extension as there was no prejudice to the Respondent.

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