BRADY v VAN DEURZEN

The Applicant applied to restore his Appeal, which was struck due his failure to file an Appeal Record in accordance with Rule 14.16(3)(a).

The Court noted that the onus was on the Applicant to demonstrate that restoring the Appeal was in the interests of justice considering the factors set out in Shenner v Tornqvist, 2023 ABCA 240. Antonio JA determined that Applicant’s evidence did not assist in determining whether the Appeal could succeed. The Court noted that the Applicant did not apply to restore his Appeal for two months and determined that restoring the Appeal would prejudice the Respondents.

The Court denied the Applicant’s Application and awarded enhanced costs to the Respondents.