2019 NLCA 57, 2019 NLCA 57

D.C. (applicant/appellant) v. K.C.C. (respondent) (19/75) Indexed As: D.C. v. K.C.C. 2019 NLCA 57 5 C.A.N.L.R. 57 Court of Appeal of Newfoundland and Labrador Goodridge J.A. September 10, 2019

Summary: D.C. applied for an extension of time to file a notice of appeal. Because the order D.C. sought to appeal was an interim child support order, the appeal should have been filed within 10 days of the order ( rule 14 of the Court of Appeal Rules , NLR 38/16 ). Held: Application granted. Goodridge J.A.: The circumstances weighed in favour of granting an extension to file a notice of appeal. D.C. did not have legal counsel, was unaware of the 10-day limitation in the Rules, and acted promptly upon learning that the limitation period had lapsed.

The appeal raised a serious issue, as D.C. had alleged that the interim child support order was granted at a case management meeting with no evidential basis on which to impute income. There would be no significant prejudice to the respondent arising from the brief delay in filing the notice of appeal (paragraphs 3-5). Rules considered: Court of Appeal Rules , NLR 38/16, rule 14 Counsel: Appearing on his own behalf, the applicant; No appearance by the respondent. The application was heard and judgment rendered orally on September 10, 2019 by Goodridge J.A.

The following memorandum of disposition was filed on September 16, 2019 by Goodridge J.A. ______________________________________________________________ MEMORANDUM OF DISPOSITION Goodridge J.A.: [ 1 ] This is an application by D.C. for an extension of the usual time prescribed for the filing of a Notice of Appeal. The Court Order for the matter under appeal (interim child support) was filed on August 1, 2019; the appeal should have been filed within 10 days but was not.

This application for an extension of the time was filed August 20, 2019. [ 2 ] Pursuant to rule 14 of the Court of Appeal Rules , “the Court may extend or abridge any time prescribed by these rules before or after expiration of that time”. [ 3 ] In the supporting affidavit, accompanying the application, D.C. explained that he has no legal counsel, that he was unaware of the 10-day deadline, that his appeal raises a serious issue, and that he acted promptly upon discovery of the lapsed filing deadline. In the

draft Notice of Appeal, attached to the application, there are several grounds of appeal listed. One of those grounds alleges denial of fundamental justice because the interim child support order was granted at a case management meeting with no evidence to impute income and no affidavits filed. Without commenting on the merits, I agree that the grounds set out in the Notice of Appeal raise serious issues and cannot be described as frivolous. I also agree that D.C. proceeded expeditiously with this application once he discovered that the filing deadline had passed.

There is no significant prejudice to the respondent arising from the brief delay in filing the Notice of Appeal. [ 4 ] The circumstances here favour the Court’s exercise of discretion to grant the extension. Accordingly, an extension is granted; the Notice of Appeal shall be filed by September 20, 2019. [ 5 ] The respondent was served with the application but elected not to appear. Under the circumstances, there shall be no order as to costs. Application granted.