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Further extensions were refused after prolonged unexplained delay.
The moving party sought directions and further extensions of time to perfect an appeal from a family trial judgment and to commence proposed appeals from subsequent procedural and costs-related orders.
The court held that the delays were unexplained, prior extensions had already been granted, no timely steps had been taken to pursue the additional appeals, and the moving party had still not obtained the full transcripts required for the appeal.
The court further held that the proposed challenge to the Divisional Court order was procedurally misconceived and that leave was required to appeal the later costs-related final order.
Balancing delay, prior indulgences, lack of intention to appeal, and the justice of the case, the motion was dismissed with costs.
Appeal allowed; contempt finding set aside as conflicting evidence required a trial of an issue.
The appellant appealed an order finding her in contempt of three court orders regarding the respondent's access to their infant child.
The Court of Appeal allowed the appeal, holding that a finding of contempt could not be made beyond a reasonable doubt without the trial of an issue, given the significant conflicting evidence and the fact that access had been properly provided in the four weeks prior to the hearing.
