The Applicant applied to restore her Appeal of an Order granted by Justice Feasby that, among other things, found that the Applicant lacked the capacity to make decisions on personal, legal and financial matters.

The Applicant’s Appeal was struck for failing to file an Appeal Record and transcripts in a timely manner pursuant to Rules 14.16(3) and 14.64(a). However, the Applicant filed its Application to restore the Appeal on the same day. The Appeal was therefore not deemed to be abandoned under Rule 14.65(3).

Justice Hawkes noted that the assessment of the merits on an Application to restore an Appeal is a “very low standard”. Hawkes J. emphasized that, while the Court has discretion in deciding whether to restore an Appeal, it may take into account specific factors. Among these were the Applicant's clear intention to proceed with the case by requesting the necessary transcripts and the lack of potential prejudice to the parties, which supported the decision to restore the Appeal. Accordingly, the Application to restore the Appeal was granted.