Chong & Chong

The husband filed an application in an appeal seeking an extension of time to appeal a family law decision. The wife opposed the application, seeking that it be dismissed and also applying for costs on a party/party basis. The court had to determine whether the application for an extension of time should be granted and, if not, whether the wife was entitled to costs. The court found that there was no acceptable explanation for the husband's failure to file a Notice of Appeal within the time allowed and that there was no merit in any of the proposed grounds of appeal. The court also found that the prejudice to the wife in defending the proposed appeal outweighed any prejudice or injustice caused to the husband if the application was dismissed. The court therefore dismissed the husband's application and ordered that he pay the wife's costs of and incidental to the application in an appeal, but not including any costs for the affidavit of the wife filed in support of the application for dismissal. The form of the order was subject to the entry of the order in the court's records.