The Applicant sought an Appeal of division of matrimonial property pursuant to section 48 of the Arbitration Act, RSA 2000, c A-43. The Applicant applied for both permission to Appeal and an extension of time to file a Notice of Appeal under Rules 14.5(1) and 14.37(2)(c).

Justice Ho canvassed the relevant jurisprudence regarding the Application for an extension of time and permission to Appeal. Specifically, Justice Ho noted that the Court is required to “do what justice requires to be done between the parties having regard to the circumstances of each particular case.”

Ultimately, Justice Ho was not satisfied that the test for permission to Appeal was met. Noting that the common law test for permission of Appeal was not met, Justice Ho did not consider the extension of time to file a Notice of Appeal Application.