Ontario Civil


Appeal

Procedure
Justice of case did not warrant extension of time to file notice of appeal

Applicant started proceedings in respect of father’s estate challenging respondent’s right to certain accounts that were in joint names of respondent and father prior to father’s death. Parties brought summary judgment motions. Applicant’s motion was dismissed and respondent’s motion was granted. Result was that joint accounts were declared to have passed by right of survivorship to respondent and did not form part of father’s estate. Applicant brought motion for extension of time to file appeal from order. Applicant was lawyer and stated he did not do civil appeals, but less than two years ago he was counsel on summary judgment motion and on appeal. Motion dismissed. There was no doubt applicant formed bona fide intention to appeal within appeal period. Length of delay in filing notice of appeal was short being less than three weeks. Doubt was cast on explanation for delay suggesting applicant was less than forthcoming in his explanation for delay. There was no prejudice caused, perpetrated or exacerbated by delay. Applicant failed to show any merit in proposed appeal. Grounds of proposed notice of appeal going to merits were bald generalized assertions. Justice of case did not warrant extension of time to file notice of appeal.

Laski v. Laski Estate (May. 4, 2016, Ont. C.A., E.E. Gillese J.A., In Chambers, CA M46343) 266 A.C.W.S. (3d) 15.

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