Tessier v. Stanton

canada, canadian, case law, court opinion, canlii, nsca, 2026nsca63, 2026 nsca 63 (canlii), 2026, nsca, 63, (canlii), ca 542625, 2026, procedure, appeals, panel review, civil procedure rule 90.38, extension of time, motion for leave to review filed well out of time, whether extension justified by circumstances and evidence, delay not reasonably explained despite awareness of court procedures, leave not pursued within applicable period, motion dismissed with costs, procedure, appeals, chambers orders, civil procedure rule 90.38(6), leave to review, whether a panel hearing is necessary to prevent an injustice, “highly compelling case” and “very exceptional circumstances” applied, marshall v. truro (town), inconsistencies and impact of further delay considered, leave refused, motion dismissed, procedure, appeals, dismissal for non, compliance, rule 90, failure to file appeal book, whether counsel error through no fault of client warrants panel review, crooks v. cibc world markets inc., applicant’s obligation to stay informed and shared responsibility assessed, context and adjournments weighed, downey v. burroughs, injustice not established, motion dismissed, procedure, costs, motion practice, whether costs should be awarded on dismissal of rule 90.38 motion, respondent sought costs in brief opposing motion, costs fixed inclusive of disbursements following dismissal, motion dismissed with costs awarded