This motion sought an extension of time to file a notice of appeal in an estate matter.
The moving parties, two brothers, were one day late in filing their appeal materials.
The court considered the factors for granting an extension of time, including the intention to appeal, length and explanation for delay, prejudice to the respondent, and merits of the appeal.
The court found the explanation for delay unsatisfactory, no actual prejudice identified, and the proposed appeal grounds exceedingly weak, particularly regarding the discretionary decision to deny an adjournment.
Given the moving parties' history of uncooperative and delaying conduct in the underlying estate application, the court determined it was not in the interests of justice to grant the extension.
The motion was dismissed, and costs were awarded against the moving parties on a substantial indemnity basis, to be offset against their share of the estate.
