This matter arose from a foreclosure Action following missed mortgage payments. Ms. Monk was unsuccessful in her Appeal of the foreclosure Order from an Applications Judge, and subsequently applied to the Alberta Court of Appeal for an extension of time to file an Appeal. That Application was denied, and the Appeal was dismissed. She then returned before the Court seeking permission to Appeal pursuant to Rule 14.5.

On January 8, 2025, Applications Judge Summers granted an Order confirming sale and vesting title (the “Order”) to Toronto-Dominion Bank (“TD”) in the foreclosure Action. On March 31, 2025, a Chambers Justice dismissed Ms. Monk’s Appeal of the Order. Pursuant to Rule 14.8(2)(a), a one-month deadline applied to file a Notice of Appeal. Ms. Monk filed on May 1, 2025, which was one day late.

On May 7, 2025, TD obtained a possession Order, which confirmed TD’s right to retain possession of the property after Ms. Monk sought a Stay of the enforcement of the Order (the “Possession Order”). The Possession Order rendered the Appeal moot. However, Ms. Monk filed an Application seeking to proceed with the late-filed Appeal. Justice Friesen found that the one-day delay was minor and would ordinarily justify an extension, but denied the Application on June 13, 2025, since the matter was moot (“June 13 Decision”).

On July 22, 2025, Ms. Monk sought leave to Appeal the June 13 Decision. Ms. Monk applied for leave to Appeal pursuant to Rule 14.5. Justice Friesen again found that the delay was minor and caused no prejudice. However, because the underlying Appeal remained moot and had no chance of success, permission to Appeal was denied.

Justice Friesen further held that the Application did not raise a serious question of general importance, a possible error of law, an unreasonable exercise of discretion, or a misapprehension of a material fact. The proposed Appeal focused on an immaterial factual issue of whether Ms. Monk voluntarily vacated the property or was evicted by the Edmonton Police Service. Accordingly, the Appeal was not permitted.