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“There is no excuse for inadvertence,” wrote Justice Kevin Feehan of the Alberta Court of Appeal in a recent ruling. “Parties to an appeal are expected to pay attention to the process, note filing deadlines, and comply with the rules of court.”
Those liens were removed in 2014 after payments by the owner were made into court. Further direct payments were made to subtrades working under the builder, which discharged their additional liens as well. Since no trial had been held within two years of the lien certificate registration, applications were made for release of the funds still held in court.
Under Alberta court rules, applications to restore appeals under Alberta’s Fast Track appeal process must be filed and served within three months of being struck, or the application will be deemed abandoned. Here, the builder failed to adhere to the timelines. The builder then claimed his office sublease had been unexpectedly terminated, causing a distraction. When informed that his appeal had been deemed “abandoned,” the builder indicated he still did not wish to abandon his appeal. He explained the notice of abandonment sent by the case management officer was “buried among 300 emails” and had not been fully reviewed.
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