14.8: Filing a notice of appeal

Case Summary

The Plaintiff sought an extension of time to Appeal a Decision granted in a 10 day Trial stemming from a lengthy family litigation. This Application was filed two months after the Appeal period had expired. The Court considered the law surrounding Rule 14.8(2).

The Court applied the test set out in Li v Morgan, 2020 ABCA 186 for extension of time to Appeal and determined that the Application failed on several pars of the test. Justice Slatter noted that there had been no satisfactory explanation provided for the delay. Justice Slatter reiterated that the importance of a short Appeal period is to promote finality of litigation, especially in an Action such as this where the litigation has been going on for six years impacting the Parties and the children negatively.

The Application to extend the time to Appeal was dismissed.

View CanLII Details