RANCHER CONSTRUCTION LTD v SCOTT CONSTRUCTION (ALBERTA) LTD, 2020 ABCA 112
14.47: Application to restore an appeal
The Applicant, Scott Construction (Alberta) Ltd., applied to restore its Appeal after it had been struck and deemed abandoned due to the Appellant’s failure to file their Appeal Record within the required deadline.
Justice Veldhuis listed the relevant factors for whether to restore an abandoned Appeal: (i) whether the Applicant intended in time to proceed with the Appeal; (ii) the Applicant’s explanation for the delay or defect causing the Appeal to be deemed abandoned; (iii) whether the Applicant moved with reasonable promptness to have the Appeal restored; (iv) whether the Appeal has arguable merit; and (iv) whether the Respondent has suffered any prejudice.
Justice Veldhuis held that the factors should be considered as a whole and that a Decision to restore an Appeal is discretionary. In Her Ladyship’s consideration of the factors, she found that the Applicant’s Appeal did not have arguable merit and that it was not in the interest of justice to restore the Appeal. Justice Veldhuis dismissed the Application.View CanLII Details