Background:

• Ms. Waddy sought an extension of time to file a notice of appeal against decisions related to her claim against 289904 Alberta Ltd (298).
• The claim originated from a judgment against Ms. Waddy that was overturned but remained on her credit report. She alleged that 289 failed to notify TransUnion about the appeal and engaged in misleading and obstructive behavior.
• Previous rulings:
  • February 7, 2023: The initial claim against 289 was dismissed.
  • September 8, 2023: A chambers justice denied her appeal.

Application Details:

• Ms. Waddy missed the one-month appeal deadline (October 8, 2023, which fell on a long weekend).
• She filed an incomplete application on October 11, 2023, and was later informed she needed a formal application to extend time, which she submitted in May 2024.

Court's Analysis:

• The Court considered factors from prior rulings (e.g., Cairns v. Cairns, 1931):
  1. Bona fide intent to appeal.
  2. Justification for delay.
  3. Impact of delay on the respondent.
  4. Likelihood of success in appeal.
• The Court found:
  • Ms. Waddy had a bona fide intention to appeal.
  • Delays were partly due to health issues, a car accident, and procedural confusion.
  • There was no significant prejudice to 289.
  • However, the appeal lacked any reasonable prospect of success.

Key Legal Findings:

• 289 had no legal duty regarding the TransUnion report's content.
• The chambers justice's factual findings (e.g., 289’s lack of involvement in the credit report issue) were sound and unlikely to be overturned.
• Allegations of judicial bias and procedural errors would not alter the outcome.

Decision:

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