HDO v MDF

This was an Application to restore an Appeal and extend the time to file the Appeal Record pursuant to Rules 14.47 and 14.65. The Appeal in question was from a Chambers Order that found the Appellant mother had breached a parenting Order by moving the children to Ontario and required her to return the children to Alberta. As a result of the Appellant mother's breach, the Respondent father had not seen his children since 2024.

Friesen J.A. explained that the Court has discretion to restore an appeal. In exercising that discretion, the following factors are considered: arguable merit; explanation for the defect or delay; reasonable promptness in moving to cure the defect and have the appeal restored; timely intention to proceed with the appeal; and prejudice to the Respondent (including length of delay).

The Court of Appeal granted the Application and extended the Appellant's time to file the Appeal Record. Friesen J.A. accepted the Appellant's evidence that she was experiencing significant health challenges that may have contributed to confusion over the litigation deadlines and interfered with her ability to meet those deadlines. Further, the Court of Appeal observed that the Appellant had acted promptly to bring the Application resulting in minimal delay and prejudice.

However, Friesen J.A. cautioned the Appellant that the Court would be unlikely to exercise its discretion similarly in the future given the high stakes nature of the Appeal and ongoing prejudice to the Respondent of not having seen the children since 2024.