The Applicant sought permission, pursuant to Rule 14.5(1)(a), to Appeal a Scheduling Order and extend the time to file that Appeal. The Scheduling Order was granted on March 24, 2021. The Applicant failed to file the Notice of Appeal until April 20, 2023. Justice Slatter, considering the chronology, concluded that the delay was inordinate and that allowing the Appeal would result in further delay, expense, and prejudice to the Respondent.

Justice Slatter also ruled that the Applicant’s approval of the Order granted was dispensed with pursuant to Rule 9.4(2)(c).