The Canadian Military Prosecution Service moved to have the appellant's appeal dismissed for failure to file a memorandum of fact and law within the extended time limits previously ordered.
The appellant concurrently applied to restart the appeal and for an extension of time.
The Court Martial Appeal Court dismissed the prosecution's motion, noting that an earlier order denying an extension could be revisited with compelling new evidence.
Finding that new evidence explained the delay caused by counsel's conflict of interest and that the grounds of appeal were not frivolous, the Court granted the appellant until February 28, 2024, to file his memorandum.
