In a child protection matter, the society moved to dismiss the mother’s appeal from a temporary care and custody order on the ground of delay.
The court held that the appellant had failed to comply with Rule 38 of the Family Law Rules by not filing proof that transcripts had been ordered and by not taking timely steps to perfect the appeal.
Applying the usual extension-of-time factors, the court found there was no evidence the appellant had maintained an intention to pursue the appeal, no adequate explanation for the delay, no evidence of merit, and inherent prejudice to the child from continued uncertainty.
The motion was granted and the appeal was dismissed for delay.
