This was an Application to restore an Appeal from a Costs Award. The Notice of Appeal filed by the Applicant initially included issues related to the Decision underlying the Costs Award. The Case Management Officer explained that those issues had been concluded and could not be raised on the Appeal. The Appeal was then re-categorized as a Fast Track Appeal as prescribed for an Appeal of a Decision concerning only Costs, pursuant to Rule 14.14(2)(d). The Applicant was informed of the deadline set out in Rule 14.17(1) which provides a month within which to file an Appeal Record. As the Applicant did not meet this deadline, the Appeal was struck pursuant to Rule 14.64(a).

In considering whether to restore the Appeal, Justice Feehan noted that Rule 14.5(1)(e) mandates that leave of the Court is necessary to appeal a Decision related to Costs. Leave had been neither sought nor granted. In any event, Justice Feehan determined that the Applicant had not satisfied the discretionary common law test for restoring an Appeal, and the Application was dismissed.