STUART FINANCIAL CORPORATION v KIEHLBAUCH, 2026 ABCA 311

The Applicant sought to extend the time to file an Appeal after neglecting to properly file their materials within the prescribed timelines. In considering the Application, the Court reviewed the relevant caselaw, as well as the facts of the matter.

While the Applicant had initially submitted their materials within the required timelines, the submission was inadequate for several reasons. The Applicant neglected to pay the requisite fees, provide the proper supporting documentation, or properly communicate with the Court about how they were addressing those issues. Given the difficulties surrounding the filing of the Appeal, the Case Management Officer directed the Applicant to apply to extend the time to file their Appeal.

While Fagnan J.A. acknowledged that the Applicant had clearly intended to submit their Appeal within the requisite timeframe, they had not provided any reasonable excuse for the delay in correcting the issues that resulted in the delay. Further, in considering the test to extend time, the Court noted that the Applicant had not established a reasonable chance of success for their Appeal. The Applicant had raised no error of fact or law but instead raised a disagreement with certain procedural elements of the underlying decision. As the Applicant had not advanced any arguments that suggested a reasonable chance of success, the Application was dismissed.