The appellant appealed an order that required him to pay outstanding costs awards, failing which his motion to change child support would be struck.
The Divisional Court determined that the order was interlocutory, not final, because the underlying motion to change would have continued if the costs were paid.
As an interlocutory order requires leave to appeal, the court granted the appellant an extension of time to bring a motion for leave to appeal, finding no prejudice to the respondent and noting that both parties initially believed the order was final.