The Applicant sought to Appeal a Court of King’s Bench Decision outside the one-month period set out in Rule 14.8.

Grosse J.A. noted that the factors guiding the Court’s discretion to extend the time to Appeal: (1) a bona fide intention to Appeal while the right to Appeal existed; (2) an explanation for the failure to Appeal in time that serves to excuse or justify the lateness; (3) an absence of serious prejudice such that it would not be unjust to disturb the Judgment under Appeal; (4) the Applicants must not have taken the benefits of the Judgment under Appeal; and (5) the Appeal would have a reasonable chance of success if allowed to proceed.

Grosse J.A. acknowledged the Applicant's genuine intention to Appeal, short delay, and lack of benefit from the dismissal of the Judicial Review Application. Furthermore, Grosse J.A. noted that the Applicant provided some explanation for the delay, such as misunderstanding of the Rules and health issues, although the weight of the information was attenuated because it was neither sworn nor affirmed.

However, Grosse J.A. found that the Applicant's proposed grounds for Appeal lacked merit, as they did not allege errors by the Chambers Justice and merely sought to re-argue the original human rights complaint or make complaints about counsel in the course of the human rights proceedings.

Consequently, Grosse J.A. decided not to extend the Appeal period and dismissed the Application.