The defendants brought a motion to extend the time to file a notice of appeal from a judgment in a construction lien case.
The defendants' Manitoba counsel missed the 15-day appeal period prescribed by the Construction Lien Act, mistakenly believing they had 30 days from the entry of the formal order.
The court granted the extension, finding that the defendants had formed an intention to appeal within the relevant period, the delay was reasonably explained by counsel's error, and the plaintiff would not suffer prejudice that could not be compensated by costs and interest.
