Case Overview:

• This case involves an application for permission to appeal a chambers judge's decision to refuse an extension of time to appeal a summary judgment.
• The dispute originates from unpaid condominium fees and costs stemming from renovations and enforcement actions.

Key Facts:

• In 2019, the applicant's late father, a condominium owner, failed to pay a special assessment by the lump sum deadline. Monthly fees were increased, but the applicant continued paying the previous amount, leading to accumulated debt.
• In 2021, the condominium corporation initiated foreclosure proceedings. The applicant made offers to pay the debt, but these were rejected.
• In 2022, summary judgment was granted for $2,499.12 plus solicitor-client costs. The applicant failed to file an appeal within the 10-day period, expiring December 12, 2022.
• Costs were assessed in February 2023 at $20,494.77. Enforcement actions included wage garnishment and steps to sell the condominium.

Procedural History:

• The applicant delayed filing an application to extend the appeal time until March 2024. The chambers judge dismissed the application due to the long delay and lack of merit.
• The applicant subsequently sought permission to appeal this refusal.

Court Decision:

• The Court of Appeal dismissed the application for permission to appeal.
• The decision emphasized:
  • The appeal lacked arguable merit as no error of law was shown.
  • The delay of over a year was unreasonable and lacked exceptional justification.
  • The original chambers decision was discretionary and not clearly unreasonable.

Additional Notes:

• Costs for this application were awarded under Column 1 of Schedule C at $1,000, excluding unnecessary disbursements.