The Federal Court dismissed a motion for a more-than-four-year extension of time to start judicial review of a harbour authority licence termination decision.
The application for review is dismissed because the appellants failed to demonstrate reversible error in the chambers justice's discretionary denial of leave; the proposed appeal raised no issue of significance to the practice beyond application of established law to the case's facts, carried limited utility to the action, and had no realistic prospect of success; Dhillon does not displace solicitor-client privilege and the common interest exception was not established on the record.
Extension refused because appellant failed to demonstrate a bona fide intention to appeal the July 30, 2025 disposition within the limitation period, failed to identify an arguable ground on the merits given uncontested evidence supporting the Board's conclusion of significant risk, and the interests of justice do not favor granting an extension.
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Not criminally responsible (ncr)
Extension of time to appeal
Appeal from disposition order of criminal code review board
The British Columbia Court of Appeal allowed an appeal from dismissal for want of prosecution in a wills variation case, finding errors in the interests-of-justice analysis.
The Court of Appeal dismissed an application to remove an appeal from the inactive list, finding the delay in prosecuting the appeal inordinate, unexplained, and unlikely to lead to success.
The court dismissed an application to discontinue an action for want of prosecution, finding the delay inordinate and inexcusable but not contrary to the interests of justice.
The motion judge correctly found appellant had genuine intention and delay resulted from inaccurate court information but rightly refused to extend time because the appeal was completely devoid of merit and an improper, abusive use of court process; the Court of Appeal found no error and dismissed the application to review, upholding the motion judge's order and awarding costs.
The Court of Appeal for British Columbia denied a stay of execution pending appeal, but ordered interim safeguards: no execution against Henry’s home or vehicle and $232,000 paid into trust.