Harris, R.J. v Moore, B

Rossi June Harris sought leave to appeal from a judgment dismissing her application for an extension of time to bring a proceeding for judicial review of a decision to dismiss her from her employment. The court was required to decide whether the judgment was final or interlocutory, whether the applicant's delay in applying for leave to appeal was justified, and whether there was sufficient doubt about the correctness of the judgment to warrant reconsideration on appeal. The court held that the judgment was interlocutory and that the applicant's delay was due to her illness and the failure of her legal advisers to act promptly. The court found that there was sufficient doubt about the correctness of the judgment to warrant reconsideration on appeal and that the applicant would suffer substantial injustice if the judgment were allowed to stand. The court granted leave to appeal and fixed a time for filing the notice of appeal.

The orders of the court were that the time for filing notice of application for leave to appeal be fixed at the date of the hearing, that leave to appeal be granted, that the applicant pay the respondent's costs, and that the amended application filed on the date of the hearing stand as the applicant's notice of intention to apply for leave to appeal.