KEW RIDGE ROAD UTILITY LTD v MILES, 2016 ABCA 53

BERGER JA

14.8: Filing a notice of appeal

Case Summary

The Applicants, Kew Ridge Road Utility Ltd. and the other Plaintiffs, sought an Order striking the Respondent’s Appeal, arguing that the Appeal was filed after the one-month time limit as set out in Rule 14.8. Berger J.A. noted that the Appeal was filed out of time; however, His Lordship determined that the test as set out in Cairns v Cairns (1931), 26 Alta LR 69 (CA) had been satisfied in this case. Specifically, the Court found that the Appeal had a reasonable chance of success; the Respondent had a clear intent to appeal; the delay was a result of counsel misinterpreting the Rules of Court regarding the deadline; there was only a brief delay in filing the Notice of Appeal; and the Applicants had not alleged or suffered any prejudice. Accordingly, Justice Berger dismissed the Application to strike the Appeal.

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