Bromley v. Furlong, 2012 NLCA 3

Date: 20120117 Docket: 12/01 Citation: Bromley v. Furlong , 2012 NLCA 3 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL BETWEEN : VICTORIA BROMLEY (FURLONG) APPELLANT AND : ROBERT FURLONG RESPONDENT Coram: Welsh, J.A. Application Heard: January 17, 2012 Decision Rendered: January 17, 2012 (Orally) Memorandum of Disposition Filed: January 17, 2012 Counsel for the Appellant: Bob Buckingham Counsel for the Respondent: Melanie Del Rizzo MEMORANDUM OF DISPOSITION Welsh, J.A.: [ 1 ] Ms.

Bromley filed an application for extension of time to file a notice of appeal against an order of a judge of the Supreme Court, Family Division. Counsel was proceeding on the mistaken assumption that the ten day limitation period set out in rule 57.02 of the Rules of the Supreme Court, 1986 applied on the basis that this was an interim or interlocutory order. With the exception of the application under the Change of Name Act, 2009 , SNL 2009, c. C-8.1, the appeal falls within

section 21 of the Divorce Act , R.S.C. 1985, c. 3 (2nd Supp.), which specifies that an appeal from an order, whether final or interim, shall be filed within thirty days after the day on which the order was made. I was satisfied that Ms. Bromley’s application for an extension of time, with a notice of appeal attached, was sufficient such that the notice of appeal was deemed to have been filed within the thirty day limitation period.

As to the appeal against the decision under the Change of Name Act , which is separate from proceedings for corollary relief regarding the child under the Divorce Act , this was a final order to which a thirty day limitation period applies under the Rules. In the result, it was unnecessary to deal with the application for an extension of time to file a notice of appeal. [ 2 ] To ensure that the appeal is dealt with expeditiously, there was discussion regarding the contents of the Appeal Book.

It was ordered that, in addition to a transcript of the one day hearing that resulted in the decision under appeal, the Appeal Book would include a transcript of relevant reasons for decision, in particular, the reasons for decision of Paquette J. of March 2011. [ 3 ] The Appeal Book is to be filed no later than Friday, February 17, 2012, Ms. Bromley’s factum by Friday, March 16, and Mr. Furlong’s factum by Friday, April 13. The hearing of the appeal is set for Wednesday, May 16, 2012. [ 4 ] Costs of this application will be costs in the cause of the appeal.

______________________________ B. G. Welsh, J.A.