"unable to find any scintilla suggesting that the appeal has merit. The affidavit filed in support of the motion to extend time is silent on the issue of the merits. The notice of appeal is so general I am unable to construct any basis for an arguable appeal from the motion judge's factual findings. Very little would be required to show that there is some basis for an appeal in these circumstances, but I can find nothing." (para.7)
The Notice of Appeal stated the following grounds of appeal:
1. The court below made palpable and overriding errors of fact;
2. The court below made errors of mixed fact and law;
3. The court below made errors of law; and
4. Such further and other grounds as counsel may advise and this Honourable Court may permit. (para.5)
The Motion to extend the time to file the Notice of Appeal was dismissed with costs to the Respondent.
This case acts as a reminder to litigators to avoid the use of general or generic pleadings and that extensions of time to file Notices of Appeal will only be granted when the "justice of the case" requires that an extension be given. Also, it highlights the importance of diarizing appeal dates and double or triple checking your appeal material before filing it with the Court.