Rule Details
42ND DENTAL INC (AMARA DENTAL) v MOUHAMAD, 2026 ABCA 266
Rules Discussed
- Rule 14.8 Filing a notice of appeal
- Rule 14.37 Single appeal judges
Case Summary
This decision concerned an Application for an extension of time to file a Notice of Appeal from an Order governing the temporary custody of patient records following the breakup of a dental practice.
The Applicants abruptly left the Respondent's dental clinic, taking all patient records. At an urgent Chambers hearing on April 24, 2026, the parties agreed on a transition process but disputed where the records of patients who did not respond should remain pending further instructions. The Chambers Justice directed that these records remain at the original clinic. The Applicants filed a Notice of Appeal on June 4, 2026, after the Order was filed on May 19, 2026.
The Case Management Officer advised that the Applicants filed the Notice of Appeal late, requiring them to seek an extension of time. Hawkes J.A. confirmed that pursuant to Rule 14.8, the appeal period runs from the date of pronouncement, not when the parties settle or file the order. A dispute over the form of an Order does not excuse late filing. Accordingly, the Notice of Appeal was filed out of time.
The Applicants applied for an extension of time pursuant to Rule 14.37. The Court applied the established test for an extension, including whether the appeal had a reasonable chance of success. Hawkes J.A. concluded that the Appeal lacked arguable merit because it had become moot. By the time of the Application, the transition process was nearly complete, and the parties were transferring all patient records according to patient instructions. Any remaining records would remain under the custody of a dentist as required by the Health Information Act, RSA 2000, c H-5.
Furthermore, the Applicants’ stated goal was to ensure compliance with professional bylaws, which made the Appeal essentially advisory. Hawkes J.A. noted that an Appeal was not a substitute for seeking direction directly from the College of Dental Surgeons of Alberta. Because the Appeal was moot and lacked arguable merit, the Application was dismissed.