The respondent children's aid society brought a motion to dismiss the appellants' appeal for delay.
The appellants brought a cross-motion to extend the time to perfect their appeal, citing delays in obtaining Legal Aid funding.
The court found that while the delay was not caused by the appellants, the proposed appeal had no chance of success.
The appeal raised a constitutional challenge regarding the definition of 'Indian' or 'native person' under the Child and Family Services Act, which the court found irrelevant as the children did not fall within the applicable definitions.
Given the lack of merit and the prejudice of further delay to the children, the court granted the motion to dismiss the appeal.
