OWEN v FLANK, 2025 ABCA 199
FRIESEN J
4.10: Assistance by the Court
14.8: Filing a notice of appeal
Case Summary
This was an Application to extend the time to appeal an interim child support order. The Notice of Appeal was filed approximately ten months late, well beyond the one-month time limit set out under Rule 14.8(2)(a)(iii). The Applicant attributed the delay to her former counsel’s failure to inform her of appeal rights and to newly discovered evidence of alleged misrepresentations by the Respondent.
The Court found no evidence that the Applicant had formed a bona fide intention to appeal within the permitted time. The Court held that the appropriate remedy for the Applicant’s concerns about disclosure was through the trial process or further proceedings in the Court of King’s Bench, not through a late appeal of an interim Order. The Court emphasized that interim orders of this nature are entitled to deference and subject to reassessment at trial. The Court noted that the parties had been ordered to comply with a litigation plan, and Rule 4.10 conferences were already underway.
The Court found no reasonable prospect of success on appeal and dismissed the Application.
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