The moving party, Deerbourne Estates Corporation, sought an order extending the time to file a motion for leave to appeal a costs award of $78,855.83 made against it in a mortgage action.
The Court of Appeal for Ontario applied the test for an extension of time, noting that while the moving party intended to appeal, it provided no explanation for its delay.
Furthermore, the court found that the proposed appeal lacked merit because costs awards are highly discretionary and the moving party failed to demonstrate any error in the motion judge's decision.
Consequently, the court dismissed the motion to extend the time to file the motion for leave to appeal.
