PIIKANI NATION v KOSTIC, 2017 ABCA 350
1.4: Procedural orders
13.5: Variation of time periods
14.64: Failure to meet deadlines
14.65: Restoring appeals
The Defendant, Kostic, applied to extend the deadlines in eight out of her nine fast-track Appeals from interlocutory Decisions made by a Case Management Judge.
Justice Strekaf noted that Rule 14.64 directs that the Registrar strike an Appeal if the Appellant has not filed the Appeal Record and Factum within the required time period, or a fast track Appeal has not been placed on the hearing list within six months of filing the Notice of Appeal. If an Appeal is struck, it can only be restored on Application pursuant to Rule 14.65. The intention of the established timelines is to ensure that appeals proceed in a timely manner; however, if the Appellant has taken steps to progress the Appeal during the time of delay the overall objective of the Rules is still achieved. Justice Strekaf noted the factors that the Court may consider during an Application for an extension of time: the reason for the delay, the prospects of moving ahead with the Appeal, prejudice to the other party, and the potential merit of the Appeal. Her Ladyship stated that none of the factors are determinative but are weighed to determine if it is in the interests of justice for the Appeal to proceed. The burden is on the Applicant to show that the Appeal is not “frivolous”.
Strekaf J.A. held that, that there was no meritorious reason for the delay. With respect to the prospects of the Appeals moving ahead, Strekaf J.A. stated that the Applicant would be required to file materials in accordance with the Rules if her Application was granted. Regarding prejudice, Her Ladyship agreed with the Piikani Nation that “indefinite” delay would cause prejudice; however, a limited extension would not result in an indefinite delay or cause prejudice. Justice Strekaf granted the Application for a limited extension of time but with conditions attached. Namely, the Court required the Applicant to comply with the deadlines for ordering the Appeal Record, filing the Appeal Record, filing Factums, filing Extracts of Key Evidence and filing Books of Authorities with respect to each of the eight Appeals.View CanLII Details