The Applicant applied to restore his Appeal which had been struck under Rule 14.64(a) after he failed to file his Appeal Record within the period set out in Rule 14.16(3). Rule 14.16(3)(a) requires that an Appeal Record be filed no later than four months from the date on which the Notice of Appeal is filed.

In determining whether to restore the Appeal, the Court considered the Applicant’s health issues and his stated misunderstanding that the pandemic had caused a halt to Court proceedings. The Court noted that the Applicant wished to present evidence on Appeal that he was unable to present at the Application before the Court of Queen’s Bench. After reviewing the relevant law, the Court determined that it was in the interests of justice to restore the Appeal subject to strict conditions prohibiting further delay.