6 Sep 2023
Soo Mill & Lumber Company Ltd. v. Pozzebon et al.
In the case of Soo Mill & Lumber Company Ltd. v. Pozzebon et al. dated September 6, 2023, the appellant Soo Mill had sought an extension of time to appeal an Order issued by Gordon J. on November 18, 2021, in a case involving payment claims for construction supplies. The respondents, Pozzebon et al., excluding P.R.G. Builders Inc., had opposed the extension.
The court had applied the extension test, considering factors such as a bona fide intention to appeal, an explanation for the delay, prejudice, and the merits of the appeal. Soo Mill had demonstrated a bona fide intention and provided a reasonable explanation for the delay, which was partly attributable to the inaction of the respondents. Prejudice primarily related to the merits of the appeal, which were arguable. The court had found that the justice of the case favored Soo Mill and had granted the extension. Additionally, the court had ordered the respondents to pay $5,000 in costs.