The Applicant, Schulte, sought permission pursuant to Rule 14.5(1)(a) to appeal Justice Veldhuis’ prior Decision denying an extension of time to appeal a prior Judicial Review Decision. The extension of time was denied on the basis that the Appellant had failed to explain the two and a half year delay in filing his Appeal. The Applicant also sought a declaration of impecuniosity in order to waive the fees related to the Appeal.

Justice Veldhuis noted that the test for permission to appeal was that permission to appeal will only be granted if certain criteria are met: the issue raises a serious question of general importance; there was a possible error of law; the judgment appealed from demonstrates an unreasonable exercise of discretion; or the first instance justice misapprehended important facts. Veldhuis J.A. held that the correct legal test was applied and the Court properly used its discretion in denying the extension. The procedural Rules were clear and well understood by the Applicant. Justice Veldhuis denied the Appeal, noting that the declaration of impecuniosity was therefore moot.