The Applicants sought an extension of time under Rule 14.47(b)(i) to apply to restore an Appeal that had been struck and later deemed abandoned. Rule 14.47(b)(i) requires that any Application to restore a standard appeal must be returnable no later than six months after the appeal was struck or deemed abandoned.

The Applicants filed their restoration Application well beyond that period, nearly a year and three months after the Appeal was deemed abandoned. The Court emphasized that such extensions of time are rare, and in this case the delay was extreme and unprecedented. The Applicants' explanations, including claims of harassment and personal health issues, were found insufficient to justify the significant departure from the strict timeline set out in the Rule.

The Court also noted that even if it had considered the Application to restore, it would have been denied. Antonio J.A. stressed that discretion to restore an appeal after it has been deemed abandoned should be exercised sparingly, as prejudice to the Respondent can be assumed in such circumstances. Ultimately, the extension of time was refused, and the Appeal remained abandoned.