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.