The Court of Appeal for Ontario considered a motion by Mary McInnis, acting in person, for an extension of time to perfect her appeal in estate litigation, and a cross-motion by Sharon Hartin to dismiss the appeal for delay.
The court found that transcripts were required for the appeal and that the perfection deadline had not yet begun, rendering the extension motion moot.
The court declined to dismiss the appeal for delay, citing the appellant’s self-represented status, confusion over the rules, and lack of prejudice to the respondent.
The court imposed a deadline for the appellant to order transcripts or seek relief, failing which the respondent may move for dismissal for delay.
