The Applicants applied for a review of the Case Management Officer’s (“CMO”) decision to extend the Appellants’ filing deadline. The Court noted that Rule 14.21(2)(b) requires transcripts to be filed and approved before the Appeal Record may be received. The Appellants, however, attempted to file the transcripts and the Appeal Record at the same time, which was rejected by the registry. When the materials were rejected, the Appellants wrote to the CMO and requested an extension to the filing deadline. The Applicant wrote a letter to the CMO objecting to the extension. The CMO subsequently issued a decision granting a one-week extension.

The Court noted that it had discretion to extend time periods pursuant to Rules 1.4(2)(h) and 13.5(2), and the relevant factors that had to be considered included the reason for the delay, the prospect of moving ahead with the Appeal, prejudice to the other party, and whether the Appeal was frivolous. After reviewing the relevant factors, Justice Fagnan dismissed the Application.