The Applicant applied to restore an Appeal that was struck and to extend time to file the Appeal. The Appeal concerned an Order on May 6, 2024, prohibiting the Applicant from communicating with the Court by email or telephone, except when represented by a lawyer, and prohibiting him from filing or submitting documents to the Court by email or electronic means.

The Notice of Appeal was filed October 11, 2024, beyond the one-month deadline pursuant to Rule 14.8(2). In response, the Court of Appeal’s Case Management Officer (“CMO”) wrote to the Applicant advising that the Notice of Appeal was filed out of time and that the matter had been classified as a fast-track Appeal pursuant to Rule 14.14. The CMO advised the Applicant that the deadline to file the Appeal record was November 12, 2024, but if the Applicant filed the Application to extend time by November 12, 2024, the deadline to file the Appeal record would be suspended.

The Applicant did not apply to extend the time to file an Appeal by November 12, 2024, and the Appeal was struck the following day pursuant to Rule 14.64(a). The Applicant subsequently filed an Application to restore the Appeal on January 31, 2025. Shaner J.A. found that the Applicant had moved diligently to restore the Appeal, but failed to provide a satisfactory explanation as to why he did not file an Application to extend time before November 12, 2024 and that the Appeal had no arguable merit. As such, the Applications were dismissed.