The Applicant sought an extension of time to file her Appeal (the “Application”), citing difficulties with the electronic filing system, health challenges, and visual impairments as reasons for the delay.

Friesen J.A. considered the criteria for granting an extension of time to appeal, including:

1. the Applicant had a bona fide intention to appeal the decision while the right to appeal existed;
2. the explanation given for the failure to appeal in time excuses or justifies the delay in filing;
3. the other party has not been prejudiced by the delay to such a degree that it would be unjust to disturb the Judgment;
4. the Applicant did not benefit from the Judgment under Appeal; and
5. the Appeal has a reasonable prospect of success.

Having considered these criteria, the Court then noted that, while the delay of one day was minor and could have been excused under certain circumstances, the Appeal had no reasonable prospect of success. The Decision under Appeal had already been set aside, rendering the Appeal moot. Moreover, the Redemption Order listing, which was the foundation of the underlying Action, was not appealed, and the time to do so had long passed.

Having concluded that it was not in the interests of justice to grant the extension, the Court denied the Application.