DIGGS v WEIR, 2026 ABCA 279

This Application was for an extension of time to appeal a Chambers Judge's Order striking the Applicant's Statement of Claim. The Applicant had commenced an Action against the Respondents arising from the enforcement of a 2010 Judgment relating to an uninsured motor vehicle accident. The Respondents brought an Apparent Vexatious Application under Civil Practice Note 7. The Chambers Judge struck the claim as a collateral attack on the 2010 Judgment and therefore an abuse of process. The Applicant failed to file a Notice of Appeal within the prescribed time pursuant to Rule 3.68(2)(d). Consequently, the Applicant applied for an Order allowing extension of time to appeal pursuant to Rule 14.37(2)(c).

Shaner J.A. considered the Application to extend the time to appeal under the Cairns. The factors included the Applicant's intention to appeal, the explanation for the delay, any special circumstances justifying the delay, prejudice to the Respondent, whether the Applicant benefited from the Judgment, and whether the proposed Appeal had a reasonable prospect of success. It was noted that these factors are not rigid requirements, however, and the ultimate question was whether extending time was in the interests of justice.

The Respondents conceded that the Applicant intended to appeal, had a reasonable excuse for missing the deadline, and had adequately explained the delay. Accordingly, the Application turned on whether the proposed Appeal had a reasonable chance of success. The Court found that it did not. The Chambers Judge had properly analyzed the Applicant's arguments and correctly concluded that the claim was an impermissible collateral attack on the underlying Judgment. The Appeal had no reasonable prospect of success. Therefore, allowing it to proceed would unnecessarily prejudice the Respondents and would not be in the interests of justice. The Application for an extension of time to appeal was dismissed.