The Applicants applied to restore their Appeal that had been previously struck for failure to file the Appeal Record within the time set out in the Rules.

Under Rule 14.65, on Application of a party under Rule 14.47, a single Court of Appeal Judge can restore an Appeal that had been struck by operation of the Rules. The Court found that there was arguable merit to the Applicants’ Appeal, that the Applicants moved with reasonable promptness to have the Appeal restored, had intention in time to proceed with the Appeal, and did not cause prejudice to the Respondents. Feehan J.A. found that the Applicants had met the test for restoring the Appeal by providing an explanation for the delay which caused the Appeal to be struck.

In restoring the Appeal, Feehan J.A. encouraged the parties to consider an appellate Judicial Dispute Resolution pursuant to Rules 14.60 and 14.61.