The moving party sought an extension of time to appeal a Small Claims Court judgment regarding a home renovation dispute.
After the initial judgment, the moving party unsuccessfully brought a motion for a new trial before serving a Notice of Appeal out of time.
The Divisional Court applied the five-factor test for extending time to appeal and dismissed the motion, finding the delay was significant, inadequately explained, and the proposed appeal lacked merit as it primarily sought to relitigate factual findings.
