The plaintiff moved for an extension of time to file a notice of appeal from an interlocutory order denying production of a family counsellor's notes.
Although the plaintiff's former solicitor failed to file the notice of appeal within the prescribed time, resulting in an eight-year delay, the court found that the plaintiff maintained her intention to appeal.
The court concluded that the presumption of prejudice due to the delay was rebutted and that the justice of the case required granting the extension, as the appeal had merit and the evidence sought was important to the plaintiff's claim.
