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The Court Martial Appeal Court granted in part an extension of time to file the appellant’s memorandum of fact and law, setting a new deadline of September 13, 2024.
The Court refused to consider the new issue raised on appeal because it was not argued in the Tax Court and would likely have required further factual evidence and findings; because the new issue could have led to different evidence and findings at trial and would prejudice the Crown, the Court declined to address its merits and dismissed the appeals with costs.
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The appeal was dismissed for delay because the appellant failed to provide a reasonable explanation for the prolonged inactivity, did not demonstrate sustained interest, and the appeal lacked arguable merit; therefore dismissal with costs was warranted.
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