FROMHOLD v LACOMBE (COUNTY OF), 2019 ABCA 472
14.51: Applications without oral argument
14.8: Filing a notice of appeal
14.37: Single appeal judges
The Applicant sought an extension of time to file an Appeal pursuant to Rule 14.37. The parties agreed to have the matter decided based on the filed written materials only pursuant to Rule 14.51.
The Applicant filed his Appeal more than three months after an Enforcement Order was pronounced but within a month of the date the Order was filed. He asserted he had filed in time, but Justice Veldhuis disagreed. Her Ladyship noted that pursuant to Rule 14.8, the Applicant had one month from the date the Order was made (not filed) to file his Appeal. Justice Veldhuis held that misunderstanding a Rule is generally not a sufficient explanation that justifies granting an extension.
The Application was dismissed.View CanLII Details