The Plaintiff sought an extension of time to Appeal part of an Order granted in Actions for divorce and division of matrimonial property. This Application was filed one month after the Appeal period had expired. The Court considered the relevant provisions of the Divorce Act, RSC 1985, c 3 and the relevant Rules including Rule 14.4(5), 14.8 and 12.59.

The Court applied the test laid out in Cairns v Cairns, 1931 CanLII 471 (AB CA) for extension of time to Appeal and determined that the Application fails on the Cairns factors. Justice Feehan noted that the counsel for the Applicant errored in determining the Appeal period, which is not a defensible excuse for the delay. Justice Feehan also considered the other factors holistically, and noted there was no overriding principle of justice that compelled the exercise of discretion to allow this Application.