P & C LAWFIRM MANAGEMENT INC v SABOURIN

The Respondents on Appeal sought permission to extend the time for filing an Application to admit new evidence. The deadline for filing an Application to admit new evidence had lapsed with the parties’ prior filing of their facta, pursuant to Rule 14.45. In deciding whether to grant leave, the Court had regard to several considerations borne out in the case law “including the reason for the late filing, the effect of the late filing on the appeal proper, and whether the application for fresh evidence has a reasonable prospect of success or is prima facie meritorious”. In result, Justice Feehan granted leave to file the Application to admit new evidence, but imposed certain procedural deadlines, and directed that filing occur in the manner prescribed for Applications to be heard by a panel of the Court of Appeal, per Rule 14.42.