What is the effect of an application to extend the time permitted for appeal?

Alberta, Canada


The following excerpt is from Smoky Lake General and Auxiliary Hospital v. Higdon, 1983 ABCA 331 (CanLII):

The respondent occupier points out and Cairns v. Cairns holds, that a judgment gives to the person holding it a vested right which is not lightly to be disturbed by granting leave to extend the time for appealing and that as far as the principles of Cairns v. Cairns are concerned, the applicant did not have a bona fide intention of appealing within the time permitted for appeal. Indeed, to the contrary, the applicant consciously and deliberately did not appeal, seeking to achieve the possession of property by another application. It is argued further that delay on the other applications have worked to the prejudice of the respondent occupier.

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