OOMMEN v CAPITAL REGION HOUSING CORPORATION

The Plaintiff, Oommen’s Claim was struck due to a failure to purge his contempt. Oommen filed his Notice of Appeal late, and then applied for leave to extend the time to Appeal, which Application was dismissed. Oommen applied, pursuant to Rule 14.5(1)(a) for permission to appeal the dismissal of an extension of time to a full panel of the Court of Appeal.

Crighton J.A. noted that by virtue of Rule 14.8(2)(a)(iii), an Applicant has one month after the date of the Decision to file his Notice of Appeal but Oommen had failed to do so. Justice Crighton stated that, in order to succeed on an Application to Appeal a decision of a single Court of Appeal Justice to a full panel, the Applicant must demonstrate that a) the question is of general importance; b) there was a possible error of law; c) there was an unreasonable exercise of discretion; or d) there was a misapprehension of important facts. Crighton J.A. considered the factors as they related to this matter, and dismissed Oommen’s Application stating that the Appeal had no prospect of success.

Justice Crighton held that the Respondent was entitled to reasonable costs under Rule 14.88(1), and invoked Rule 9.4(2)(c) which provides that the opposing party need not approve the form of Order prior to entry.