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ARTICLE · 05 OCTOBER 2015

M.A. Concrete Ltd. V. Truter: Extension Of Time Is Not Precluded By Prior Deceit

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Does an appellant's deceit preclude her from obtaining the Court's indulgence in granting an extension of time to file appeal books and factum?

CanadaLitigation, Mediation & Arbitration
Mark Gelowitz
Mark Gelowitz
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Does an appellant's deceit preclude her from obtaining the Court's indulgence in granting an extension of time to file appeal books and factum? And, more generally, are the materials filed in relation to an application for indigent status relevant to a party's request for an extension of time? In M.A. Concrete Ltd. v. Truter, 2015 BCCA 356, the British Columbia Court of Appeal answered both questions in the negative.

Upon filing her appeal, Ms. Truter applied to the Court of Appeal requesting to be granted indigent status. In her affidavit in support of that application, the appellant failed to disclose an $8,000 per month consulting fee she was earning, and her application was dismissed. Subsequently, the appellant applied for an extension of time to file appeal books and a factum.

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