The Applicant sought permission to extend the time to appeal a 2019 Court of Queen’s Bench decision that dismissed her application for Judicial Review of an Alberta Labour Relations Board decision. She also applied for a Restricted Court Access Order. Both Applications were denied by Antonio J.A. (the “Decision”).

After the Decision, the Applicant claimed she did not receive the Respondent's memorandum of argument or supporting Affidavit before the Hearing, which the Respondent acknowledged was due to an administrative error.

As a result, the Applicant filed an application for permission to appeal the Decision pursuant to Rule 14.5, arguing that the lack of service of the Respondent’s materials warranted setting aside the Decision. While the Court acknowledged that the Respondent’s failure to serve the materials under Rule 14.41(a) was not trivial, the Applicant was later allowed to submit further submissions in response to the Respondent's materials.

After reviewing these submissions, the Court concluded that the Applicant had no reasonable chance of success on Appeal, particularly as her delay in filing the Appeal was not justified by the COVID-19 pandemic, and she had failed to establish the exceptional circumstances required for a restricted Court Access Order. The Court found no compelling reason to re-hear the matter or reconsider the original Decision.

As such, the Application for permission to appeal the Decision was denied.