The moving parties, four lien claimants, brought a motion for an extension of time to appeal an order determining that a mortgage had priority over their claims.
The delay in filing was short and caused by counsel's confusion over whether the appeal lay to the Court of Appeal or the Divisional Court.
The court found a bona fide intention to appeal, minimal prejudice to the respondent, and a live issue on the merits.
The motion was granted and the respondent was ordered to pay costs.
