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The court dismissed a motion to extend the time to appeal a demolition order for an unsafe building due to unexplained delay and lack of merit.
The applicant sought an extension of time to file a notice of appeal from a judgment finding its building in St. Thomas unsafe under the Building Code Act, 1992.
The applicant also sought an injunction to prevent demolition pending appeal.
The Court of Appeal dismissed both motions.
The court found that the applicant had not formed an unequivocal intention to appeal, the delay in bringing the motion was not adequately explained, there was significant prejudice to the respondents due to the unsafe condition of the building and public safety concerns, and the appeal lacked merit as the application judge's findings were well-reasoned and supported by evidence.
