Pitte v Pitte

Decided: 2026-10-15. Docket: 2603-0043AC. Citation: 2026 ABCA 326 (CanLII). Procedure — Appeals — Application to restore appeal — Rule 14.64(b) factum deadline — Test to restore an appeal, including arguable merit, delay, promptness, intention, prejudice (Way-Patenaude v Human Rights Tribunal) — Onus on applicant to show interests of justice — Absence of arguable merit fatal — Application dismissed | Procedure — Appeals — Struck appeal — Failure to file factum — Whether the appeal should be restored after the appeal was struck — Considerations for restoration weighed together, but lack of arguable merit determinative (Scheffelmaier v Scheffelmaier, Kimberley Management Ltd v Klammer) — Respondent conceded promptness and no undue prejudice — Application dismissed | Procedure — Appeals — Sta