The moving parties sought an extension of time to serve a Notice of Appeal from an order dismissing their motion to set aside an order for the assessment of the respondent's bills under the Solicitors Act.
The moving parties had mistakenly sought leave to appeal in the Divisional Court.
The Court of Appeal applied the five-factor test for extending time and found that the intention to appeal was formed in time, the delay was explained, and there was no prejudice.
Despite concerns about a conflict of interest involving the moving parties' counsel, the court found an arguable legal issue regarding the interpretation of an Associate Agreement and granted a 15-day extension.
