The Applicant filed an Originating Application alleging a multitude of wrongs committed by the Defendant including, but not limited to, assaults, harassment, and hate crimes. In a previous Decision the Origination Application was struck pursuant to Rule 3.68 for being an abuse of process. The Applicant filed a Notice to Appeal the Decision ten days late and then applied for an extension of the time to appeal (the “Extension Hearing”).

The day before the Extension Hearing the Applicant sought an adjournment. The Court denied the request because a suitable explanation was not provided, and a new date was not suggested. As such, the Court proceeded in accordance with Rule 14.51.

Slatter J.A. held that the Applicant failed to demonstrate that the conclusion of the lower Court was based on some reviewable error. As such, the Appeal had no reasonable chance of success and Slatter J.A. dismissed the Application.