The Applicants sought an extension of time to appeal a substantive decision by the Court of King's Bench, which granted partial summary judgment against them. Pursuant to Rules 14.8(1) and (2), the appeal period had expired by the time the Applicants filed their Notice of Appeal. The subject of the Appeal was the Applicants’ Application to extend time to appeal, pursuant to Rule 14.37(2)(c).

The Court found that the Applicants failed to satisfy the factors necessary to grant an extension of time to appeal. The Applicants did not provide evidence of a bona fide intention to appeal within the original timeframe or a sworn explanation for the delay. The long delay in filing the Application to extend time to appeal was unexplained by the Applicant, as no affidavit evidence was filed in support of their submissions. The proposed Appeal lacked a reasonable chance of success, as the Applicants did not provide any evidence that would suggest that a palpable and overriding error was committed by the Chambers Judge, in respect of the Chambers Judge’s factual findings. Further, the Court found that the Respondent would face prejudice if an extension were granted, as the factums may need to be amended, potentially occasioning further expense and possibly further delay.

Given this, the Application was denied, and the Respondent was awarded Costs on Column 5 without a multiplier.