The Applicant bought three Applications. The first was to restore her Appeal, which was struck because she failed to file her Factum in time, pursuant to Rules 14.23(1) and 14.64(b). The second Application was for an extension of time to appeal a Dismissal Order (the Dismissal Order). The third Application sought stays of enforcement of a Foreclosure Order (the Foreclosure Order) and the Dismissal Order pending her Appeal.

Having found there was no arguable merit to the Appeal, Feth J.A. dismissed all three Applications.

Justice Feth cited Prochazka v Alberta (Maintenance Enforcement Program), 2014 ABCA 448 and Alberta Treasury Branches v Conserve Oil 1st Corporation, 2016 ABCA 87, for the tests for all three Applications. Each involved an assessment of whether an Appeal has arguable merit, meaning a reasonable chance of success.

With respect to the grounds of Appeal, Feth J.A. held that the Applicant had not shown any arguable basis for her claim that she was denied procedural fairness, nor had she provided any evidence to the Chambers Judge supporting her allegations against the Respondent.

Justice Feth held the other ground of Appeal was also without merit. Counsel for the Respondent did not make any representation promising to delay any proceedings, nor did they make any representation that could reasonably be interpreted as a promise from the Respondent to forebear.

Finally, the Court noted that the Application to stay the Foreclosure Order pending Appeal of the Dismissal Order required a serious issue for Appeal, which could not be satisfied if the other two Applications were dismissed. All three Applications were therefore dismissed.