ANDREWS v CUNNINGHAM

The Applicants applied to restore the Appeal pursuant to Rules 14.47 and 14.65. The Applicants argued that because the deadline was missed by only one day, the Appeal should be restored. One of the five Respondents to the Appeal objected, while the other Respondents did not reply. Watson J.A. granted the Application on the basis that a minimal delay is not a persuasive enough reason to strike the Appeal, especially when the Appeal was now ready to proceed.