Ron Craigen

The self-represented appellant brought a motion to set aside a chambers judge's decision dismissing her motion for leave to extend time to file a notice of appeal.

The appellant argued the chambers judge misapplied the test for extending time by failing to consider prejudice to the appellant and the justice of the case.

The majority of the Court of Appeal dismissed the motion, finding the chambers judge properly applied the test and that the proposed fresh evidence did not meet the test for admission.

A dissenting judge would have allowed the motion, emphasizing the need to view the test through a mental health lens for self-represented litigants with mental health issues.

The moving party sought an extension of time to file a notice of appeal from an order dismissing her motion to set aside the dismissal of her wrongful dismissal action.

The action had been dismissed due to her failure to comply with a pre-trial order.

Applying the Kefeli factors, the Court of Appeal dismissed the motion, finding that the moving party failed to provide a satisfactory explanation for her delay and lacked evidence of an arguable case on the merits.