The moving party, Dr. Chandra, sought an extension of time to file a notice of appeal from a jury verdict dismissing his $130 million libel and invasion of privacy action against the CBC.
The jury had found that the defamatory broadcast alleging scientific fraud was true.
The Court of Appeal denied the extension, finding that the moving party failed to form a timely intention to appeal, provided no satisfactory explanation for the delay, and that the proposed appeal lacked merit.
The court also noted the moving party's lack of candour and attempts to encumber his only Ontario asset, concluding that the justice of the case required dismissing the motion.