The moving party sought an extension of time to perfect his appeal from a family law order, intending to adduce fresh expert evidence.
The moving party had previously had his pleadings struck for breaching disclosure and support orders, and remained in breach of ongoing support obligations.
The Court of Appeal dismissed the motion, finding the moving party lacked clean hands and that the delay was inexcusable and prejudicial to the responding party and children.
The proposed appeal was also found to be without apparent merit.