The moving parties, lawyers who drafted a will subject to a lawsuit, sought an extension of time to serve and file a motion for leave to appeal a prior decision.
The court applied the four-part test for an extension of time, finding that the moving parties formed the intention to appeal within the time limit, had a reasonable explanation for the modest 13-day delay, and that there was no prejudice to the responding party.
The court concluded that the justice of the case favoured granting the extension and reserved costs to the panel hearing the leave motion.
