Wadden v. BMO Nesbitt Burns

Wadden v. BMO Nesbitt Burns

The court exercised its discretion to extend the time to file the notice of appeal because the applicants demonstrated bona fide intent, a reasonable excuse for delay (counsel's mistake about the filing deadline), and raised arguable issues that were not clearly without merit; accordingly the interests of justice...

Source-derived case information.

Citation
2014 NSCA 45
Parties
Applicant/appellant: Calvin Wadden; Applicant/appellant: Andrea Wadden; Applicant/appellant: 3019620 Nova Scotia Limited; Respondent: BMO Nesbitt Burns
Court
Nova Scotia Court of Appeal
Jurisdiction
Canada
Judgment Date
7 May 2014
Procedural Posture
Appeal (extension of Time Motion) / Motion in Chambers to Extend Time to File Notice of Appeal
Outcome
Motion granted; time to file notice of appeal extended to March 28, 2014; costs to respondent $500 payable forthwith.
Legal Topics
Extension of Time, Notice of Appeal, Costs Award, Appellate Discretion, Stock Manipulation Allegation
Source Language
english
Civil Procedure Appeal Securities Law Costs Negligence Extension of Time Notice of Appeal Costs Award +2 more

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Parties

Calvin Wadden

Applicant/appellant

Andrea Wadden

Applicant/appellant

3019620 Nova Scotia Limited

Applicant/appellant

BMO Nesbitt Burns

Respondent

Procedural Posture

Appeal (extension of Time Motion) / Motion in Chambers to Extend Time to File Notice of Appeal

Legal Issues

  1. 1 Whether time to file a notice of appeal should be extended under Civil Procedure Rule 90.37(12)(h)
  2. 2 Whether the proposed grounds of appeal are clearly without merit such that an extension should be refused
  3. 3 Whether the applicants acted in good faith and had a reasonable excuse for delay

Ratio Decidendi

The court exercised its discretion to extend the time to file the notice of appeal because the applicants demonstrated bona fide intent, a reasonable excuse for delay (counsel's mistake about the filing deadline), and raised arguable issues that were not clearly without merit; accordingly the interests of justice required an extension to March 28, 2014, and costs of $500 were awarded to the respondent.

Court Disposition

Motion granted; time to file notice of appeal extended to March 28, 2014; costs to respondent $500 payable forthwith.

Orders

  • Time to file Notice of Appeal extended to March 28, 2014
  • Costs awarded to respondent BMO Nesbitt Burns in the amount of $500 payable forthwith