MURFIN v BARNES, 2017 ABCA 441
1.4: Procedural orders
13.5: Variation of time periods
14.64: Failure to meet deadlines
The Applicant, Ms. Murfin sought an extension of time to file her Appeal of a child custody Decision arguing that there were delays in securing funding from Legal Aid Alberta.
The Court noted that, in general Rule 14.64 directs the Registrar to strike an Appeal if the Appellant has not filed the Appeal Record and Factum within the required time period. However, the Alberta Court of Appeal may excuse non-compliance and grant an extension if “there are 'unique and special circumstances' and it is in the interests of justice to do so”. The pertinent factors to consider when applying Rule 14.64 include (1) the reason for the delay; (2) the prospects of moving ahead with the appeal; (3) prejudice to the other party; and (4) the potential merit of the appeal.
Veldhuis J.A. noted that a delay in securing funding from Legal Aid Alberta which was not the fault of the Applicant would constitute special circumstance that justified granting an extension of time. However, Veldhuis J.A. concluded that the Applicant’s Appeal was without merit as the Trial Judge had made a well-reasoned Decision which was due a high degree of deference and could not easily be overturned on Appeal. Justice Veldhuis concluded that it was not in the interest of justice to grant the Application.View CanLII Details