DATTA v DATTA, 2017 ABCA 9

STREKAF JA

14.37: Single appeal judges

Case Summary

The Applicant in a family matter sought an extension of time to file a Notice of Appeal. The Court stated that a single Appeal Judge may extend the time to file an Appeal pursuant to Rule 14.37(2)(c). The Court considered prior authorities, and held that the relevant test is whether the interests of justice supports granting this relief. To meet this test, the Application must show that:The Applicant in a family matter sought an extension of time to file a Notice of Appeal. The Court stated that a single Appeal Judge may extend the time to file an Appeal pursuant to Rule 14.37(2)(c). The Court considered prior authorities, and held that the relevant test is whether the interests of justice supports granting this relief. To meet this test, the Application must show that:

a) there was a bona fide intention to appeal while the right to appeal existed;
b) there was an explanation for the failure to appeal in time that justifies the lateness;
c) the respondent was not seriously prejudiced;
d) the appellant has not taken the benefits of the judgment from which the appeal is sought; and
e) the appeal would have a reasonable chance of success if allowed to proceed.

In this case, the Applicant failed to satisfy the Court that the Appeal would have had a reasonable chance of success if allowed to proceed. As a result, the Application was dismissed.

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