The defendant sought to appeal a Small Claims Court judgment but failed to serve the Notice of Appeal within the 30-day deadline due to inadvertence by its legal representative.
The defendant brought a motion to validate service or extend the time for service and filing.
The Divisional Court declined to validate service as the plaintiff did not actually receive the notice within the required time.
However, applying the 'justice of the case' test, the court granted an extension of time, noting the defendant's continuing intention to appeal, the short length of the delay, the lack of prejudice to the plaintiff, and the arguable merits of the appeal.
