What obligation does an appellant have to prosecute their appeal promptly and diligently?
Alberta, Canada
The following excerpt is from Union Tractor Ltd. v. Horseshoe Contracting Ltd., 2002 ABCA 119 (CanLII):
An appellant who gets a stay of execution has an obligation to prosecute his appeal promptly and diligently. That does not mean merely adhering to deadlines in the Rules (though even that has not been done in this appeal). It means taking each step so soon as is reasonably possible with due diligence. It is no excuse that the appellant’s counsel is a busy sole practitioner; Alberta is not short of lawyers: Sullivan v. Sullivan, infra. There is nothing novel or obscure about that rule of law. See the cases collected in 2 Civil Procedure Guide 1996, pp. 1672, 1674 (R. 508 nn. I.2, I.4).
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