SPARKS v HORVATH

The Applicant sought an extension of time to file a Notice of Appeal pursuant to Rule 14.37(2)(c) of an Order adjourning the review of a restraining Order granted against the Applicant from June 1, 2023 to August 23, 2023 (the “Adjournment Order”).

The Court noted that the Applicant had not: filed an Affidavit in support of his Application; presented evidence that met the well known criteria for an extension of time set out in the jurisprudence; and the Order which the Applicant sought to Appeal was the Adjournment Order that was a procedural Order in Chambers with an imminent return date, which would address the issue in Chambers and was therefore useless and hopeless. The Court accordingly dismissed the Application.