WOLFE v MORRISEAU, 2021 ABCA 205
14.5: Appeals only with permission
14.8: Filing a notice of appeal
The Applicant sought to extend the time to appeal Orders to pay monthly child support that had been granted in her absence. She also appealed an Order to pay Costs arising from an adjournment Application. The Applicant sought to rely on the Court’s residual discretion to allow an extension of time to appeal even if all of the elements of the appropriate test were not met.
Under Rule 14.8(2) the Applicant had one month from the date the Orders were made to file an Appeal. Pentelechuk J.A. noted that the Applicant had significantly missed this deadline. The Applicant filed a lengthy Affidavit setting out her familial history and the stress and trauma she had endured. Pentelechuk J.A. was satisfied that the Appellant did experience significant stress and trauma, and this provided an explanation for her delay in filing an Appeal. Her Ladyship also noted that the Respondent failed to point to any personal prejudice aside from thrown-away Costs that he had incurred. Further, Pentelechuk J.A. found that the Applicant had met the low threshold of establishing a reasonable chance of success on Appeal as there was a live issue on whether the parties stood in loco parentis.
Ultimately, Pentelechuk J.A. noted that Rule 14.5 requiring permission to appeal was not engaged and exercised her residual discretion to allow an extension of time to Appeal. Her Ladyship also noted that the Respondent was entitled to a portion of his thrown-away Costs and ordered that the Applicant pay the Respondent $2,000 within 14 days of the Decision. Each party was to bear their own Costs of the Application.View CanLII Details