UPC CoA, 28 April 2026: Discretionary review dissmissed of retoactive extension of time period for filing Reply because of excusable human error
06-06-2026 Print this page
Request for discretionary review by Court of Appeal dismissed of retroactive extension of time period for lodging Reply (R. 220.3 RoP, R. 29(a) RoP, R. 9.3(a) RoP). Impugned order not manifestly incorrect. The LD dismissed the application for re-establishment of rights pursuant to R. 320 RoP and used its discretion to retroactively extend the time period for lodging the Reply based on R. 9.3(a) RoP. The LD did not exceed its discretionary powers in coming to this decision. Understandable and reasonable finding of excusable human error based on conclusion that a system of checks had been put into place within the representatives’ law firm and that despite this system, the deadline was missed by a human error, in particular by the assistant of Respondent’s representatives incorrectly noting the prescribed time period in the system on which the Respondent’s representatives relied. Moreover, when exercising its discretion, the LD correctly considered that the extension of the time period would not cause any delay in the proceedings.
