The plaintiff brought a motion for leave to extend the time for serving a Notice of Appeal and Certificate Respecting Evidence following a Small Claims Court decision dismissing his property damage claim.
The delay in service was primarily caused by the court sending an unsigned, undated copy of the decision, followed by a delayed signed copy.
The Divisional Court granted the motion, finding that the plaintiff formed the intent to appeal in time, the 14-day delay was largely the court's fault, there was no prejudice to the defendant, and the justice of the case favoured granting relief.
No costs were awarded.
