13.5: Variation of time periods
14.2: Application of general rules
14.42: Applications to court of appeal panels
14.47: Application to restore an appeal
14.65: Restoring appeals

Case Summary

After failing to meet filing deadlines, the Appellant applied for permission to restore a fast-track Appeal in a family law dispute. Justice Slatter noted that Applications to restore an Appeal are governed by Rules 14.47 and 14.65. Of significance, Justice Slatter noted that despite the mandatory language in Rules 14.47 and 14.65, pursuant to Rules 13.5 and 14.2, the Court can extend the time periods therein if the Application is brought as soon as possible.

Ultimately, Justice Slatter confirmed that restoring an Appeal is an exercise of judicial discretion. Justice Slatter considered the positions and the litigation conduct of the Parties and ordered that the Appeal be restored. Further, Justice Slatter confirmed that the Appellant’s Factum must be filed in accordance with Rule 14.24.

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