Background of the Case: Eilat Exploration Ltd. and Kitov Resources Ltd. appealed an order from the Supreme Court of British Columbia dated September 11, 2023, which approved the sale of property owned by Kitov to satisfy judgment debts in favor of Stephen Patterson.

Issues/Main Discussion:

• The appeal sought an extension of time beyond the expiration date of October 11, 2023, as the notice of appeal was filed out of time on November 23, 2023.
• Eilat and Kitov did not appear for the hearing and, upon contact, advised they did not intend to pursue the appeal.

Ruling:

• The application for an extension of time to appeal was dismissed due to the appellants' failure to appear. Furthermore, the application was deemed unable to succeed as it did not meet the criteria for an extension, particularly regarding the merits of the appeal.
• It was noted that undoing the sale order would be highly unlikely due to the completed sale to a bona fide purchaser and the benefit derived by Kitov from the sale proceeds.
• Costs of $1,000 were awarded against the appellants for costs thrown away, including for the respondent's unnecessary appearance.