ATTILA DOGAN CONSTRUCTION AND INSTALLATION CO INC v AMEC AMERICAS LIMITED, 2015 ABCA 206
13.4: Counting months and years
14.16: Filing the Appeal Record – standard appeals
14.5: Appeals only with permission
14.8: Filing a notice of appeal
The Applicant, Attila Dogan Construction and Installation Co Inc (“Attila Dogan”), sought an extension of time to appeal a Decision in which their Application to adjourn was dismissed, and the Respondent, AMEC Americas Limited, was granted summary dismissal of the Claim as against them, and Summary Judgment of their Counterclaim. Slatter J.A. noted that the time to appeal a Decision under Rule 14.8 is one month. Pursuant to Rule 13.4, a month is calculated from the numerical date in one month to the numerical date in the next month to maintain consistency regardless of the number of days in the month. The Applicant had filed their Appeal two days late, and sought an extension of the time to Appeal when they realized their error.
Justice Slatter noted that the test for granting an extension of time is guided by four factors. A Court will consider: (1) whether there was a bona fide intention to Appeal while the right to Appeal existed; (2) an explanation or justification for the lateness; (3) an absence of serious prejudice such that it would not be unjust to disturb the judgment; and (4) the Applicant must not have taken the benefits of the judgment under Appeal. Finally, a Court may also assess if there is a reasonable chance of success on the Appeal.
Slatter J.A. stated that the Applicant only missed the deadline by two days and there was no prejudice. Accordingly, a two day extension was granted. His Lordship directed that the Appeal Record and Transcripts be filed with the Clerk promptly pursuant to Rule 14.16.View CanLII Details