The Applicant filed an Application to reinstate its fast-track Appeal, which was dismissed due to failure to meet filing deadlines and subsequently deemed abandoned. The Court evaluated the criteria for reinstating an abandoned Appeal as per Rule 14.47. Justice Feth referred to Li v Morgan, 2020 ABCA 186, and took into account the following factors: a) The reason for the delay that led to the dismissal of the Appeal; b) Timeliness in addressing the issue and seeking to reinstate the Appeal; c) A continued intention to proceed with the Appeal; d) The absence of harm to the Respondent (including the impact of the delay); and e) Whether the Appeal has arguable merit.

After considering these factors, Justice Feth observed that the Applicant did not request an extension for filing the Appeal Record. It was the Applicant's responsibility to be aware of and comply with all Appeal deadlines. The Court also noted that although the Applicant expressed a continued intention to pursue the Appeal, they did not adequately explain the delay that resulted in the dismissal and did not promptly seek to reinstate the Appeal. Furthermore, the Court emphasized that the Applicant failed to demonstrate any arguable merit to the Appeal. Based on these considerations, the Court ultimately concluded that the Applicant did not meet the heightened threshold required to establish that restoring the Appeal was in the interests of justice, and therefore dismissed the Application.