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CIVIL PROCEDURE - Appeals - Time to appeal - Extension of time

Tuesday, May 22, 2018 @ 8:51 AM  

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Application by Oil Field Services for an extension of time to file a notice of appeal from the denial of an anti-suit injunction to restrain the respondents from continuing an action commenced in BC. The applicant’s counsel mistakenly believed that the period for filing a notice of appeal was one month after the date the decision was rendered and not 30 days after the order was filed. The proceeding arose out of a motor vehicle accident in BC in which the applicant’s employee injured the respondent A, an Alberta resident. The applicant argued that it intended to appeal if the quantum of damages exceeded the costs to appeal. It needed to make an economic decision and therefore needed additional information obtained through an independent medical examination of the respondent. The applicant deposed that its intention was to appeal after the formal order was filed should an expeditious settlement not be possible.

HELD: Application allowed. The fact that counsel for the respondent Workers Compensation Board  acquiesced and responded to the request made by the applicant’s counsel to have an independent medical examination performed on A to determine, from a monetary view point, whether it was worthwhile to appeal constituted special circumstances which served to excuse the untimely filing of a notice of appeal. The respondent Board conceded that it did not suffer serious prejudice as a result of the actions of applicant’s counsel. The appeal had a reasonable chance of success and was not hopeless.

Pe Ben Oilfield Services (2006) Ltd. v. Arlint, [2018] A.J. No. 434, Alberta Court of Appeal, J.D.B. McDonald J.A., April 11, 2018. Digest No. TLD-May212018001