William H. Fysh

The applicant brought a motion seeking an extension of time to appeal an order directing the sale of the matrimonial home.

The applicant filed the motion 11 months late, initially filing in the wrong court.

Applying the five-factor test for extending time to appeal, the court found the delay was lengthy, the explanation unpersuasive, and the proposed appeal devoid of merit as the record clearly showed the applicant had consented to the sale.

The motion was dismissed with costs awarded to the respondent.

The parties, two dentists operating through professional corporations, entered into a joint venture agreement that provided for termination on 90 days' notice but was silent on the consequences of termination.

The respondent gave notice of termination and sought to exclude the appellant from the practice and buy out his interest.

The application judge declared the joint venture terminated, excluded the appellant from the practice, and directed that the appellant's interest be sold to the respondent, with financial issues to be resolved separately.

The Court of Appeal dismissed the appeal, finding that the application judge had jurisdiction and that terminating the appellant's ownership interest was necessary to give business efficacy to the termination provision and the parties' common intention.