The applicant sought an extension of time to file a motion for leave to appeal an interlocutory order granting the respondent interim sole decision-making authority over their child.
The applicant was two weeks late in filing his materials, citing confusion over timelines and a brief period of incarceration.
The Divisional Court dismissed the motion, finding that while the delay was short and explained, the proposed appeal lacked merit, would cause prejudice to the respondent and the child, and was not in the interests of justice given the high-conflict nature of the family litigation.