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The Court of Appeal lacks jurisdiction to extend the time to appeal an order made by a single judge of the Divisional Court.
The applicant brought a motion to extend the time for her to appeal an order of Speyer J. dated June 8, 2018.
The motion judge found that the order of Speyer J. was not an appeal from a prior order but rather a motion heard by a single judge of the Divisional Court.
Consequently, any appeal of Speyer J.'s order would lie to a panel of the Divisional Court, not to the Court of Appeal for Ontario.
The motion judge therefore lacked jurisdiction to grant an extension of time for appeal and dismissed the motion without costs.
