The moving party sought an extension of time to seek leave to appeal a temporary order granting the responding party sole care of their child pending further agreement or order.
The moving party missed the original hearing due to communication issues after insisting on receiving materials by mail or fax.
The court applied the test for extending time and found that the moving party did not form an intention to appeal within the required period, and that the proposed appeal lacked merit as it did not meet the high threshold for leave to appeal an interlocutory order.
The motion was dismissed with costs awarded to the responding party.