Shakeri v Condo Corporation: Series Management Inc (203532171)
Hooshang Shakeri
Law Firm / Organization
Self Represented
Condo Corporation: Series Management Inc (203532171)
Law Firm / Organization
Miller Thomson LLP
Gerald Simpson
Law Firm / Organization
Miller Thomson LLP

Background:

  • Shakeri, a condominium unit owner, alleged failures by the condo corporation and management company, including non-disclosure of financials, lack of maintenance, and harassment.
  • Initially, Shakeri misnamed the respondents, combining the actual condo corporation (Condominium Corporation No. 052 4360) with its management company.
  • Shakeri sought and obtained permission to amend his filings to name the proper legal entity.

Procedural History:

  • Shakeri filed an appeal six months past the one-month deadline, citing a lack of understanding of court rules.
  • The appeal was struck earlier for procedural failures.

Court's Analysis:

  1. Criteria for Extending Appeal Time:

    • Bona fide intent to appeal within the allowed timeframe.
    • Justifiable reasons for delay.
    • No prejudice to other parties.
    • Reasonable prospect of success.

    Shakeri failed to meet these criteria:

    • No evidence of a bona fide intent to appeal timely.
    • Explanation of unfamiliarity with rules was insufficient; unrepresented parties must adhere to court rules.
    • The appeal lacked merit; the chambers judge’s order had granted Shakeri his requested relief.
  2. Hopeless Appeals:

    • The court emphasized that extending time for appeals without merit serves no purpose.

Decision:

The application to extend the time for filing the appeal was dismissed. No monetary award specified.

Court of Appeal of Alberta
2403-0224AC
Civil litigation
Respondent