The Applicant sought an Order granting an extension of time to appeal a decision of the Court of King’s Bench, permission to appeal a binding judicial dispute resolution (“JDR”) decision, and an extension of time to appeal the JDR decision.

Rule 14.8 provides a timeline for when the Applicant was required to file their Notice of Appeal. Notwithstanding this timeline, the Applicant did not attempt to file their Notice of Appeal until after the stipulated deadline. The Court noted that permission was required under Rule 14.5 to appeal the JDR decision given that the JDR process is a form of consent Order; and similarly, the Applicant waited more than three and a half years before attempting to appeal the JDR decision.

In reviewing the relevant caselaw, Antonio J.A. considered whether the Applicant had established a bona fide intention to appeal, provided an explanation for the delays, and whether the Appeal had a reasonable chance of success if allowed to proceed. Upon considering all of the relevant factors, the Court held that none of the factors favored the Applicant, and as such the Application was dismissed.