Friedlander v. Claman et al., 2015 BCCA 483

JudgeLowry, Willcock and Fenlon, JJ.A.
CourtCourt of Appeal (British Columbia)
Case DateNovember 17, 2015
JurisdictionBritish Columbia
Citations2015 BCCA 483;(2015), 380 B.C.A.C. 10 (CA)

Friedlander v. Claman (2015), 380 B.C.A.C. 10 (CA);

    655 W.A.C. 10

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. NO.042

Eran Chaim Friedlander (respondent/claimant) v. Jody Lynne Claman and 567773 BC Ltd. (Inc. No. 567773) (appellants/respondents)

(CA42361; 2015 BCCA 483)

Indexed As: Friedlander v. Claman et al.

British Columbia Court of Appeal

Lowry, Willcock and Fenlon, JJ.A.

November 26, 2015.

Summary:

The parties ended their marriage. Following a trial, the trial judge made three separate orders: a parenting order issued in August 2014 (see [2014] B.C.T.C. Uned. 2587), a financial order issued in November 2014 (see [2014] B.C.T.C. Uned. 2136), and a costs order issued in March 2015 (see [2015] B.C.T.C. Uned. 482). The wife filed a notice of appeal from the financial order one day after it was issued. However, she failed to file the appeal books, transcript extract book and factum in time. In April 2015, she filed an amended notice of appeal that added an appeal of the costs order. In June 2015, she applied for an order granting (a) leave to amend the notice of appeal to include an appeal of the parenting order; (b) leave to amend the appeal record to include the material required to perfect an appeal of the parenting and costs orders; and (c) an extension of time to file the appeal books, transcript extract book and factum.

The British Columbia Court of Appeal, per Neilson, J.A., in a decision reported at (2015), 375 B.C.A.C. 260; 644 W.A.C. 260, dismissed the application. The appeal of the financial order was dismissed as abandoned. Any further appeal was limited to the issue of costs. In these circumstances, the wife was now required to seek leave to appeal the costs order. The wife applied for a review of Neilson, J.A.'s order which dismissed her application for an extension of time to perfect the appeal.

The British Columbia Court of Appeal dismissed the application.

Practice - Topic 9002

Appeals - Notice of appeal - Extension of time for filing and serving notice of appeal - See paragraphs 1 to 18.

Cases Noticed:

Deline v. Kidd (2003), 180 B.C.A.C. 124; 297 W.A.C. 124; 2003 BCCA 170, refd to. [para. 10].

Haldorson et al. v. Coquitlam (City) (2000), 149 B.C.A.C. 197; 244 W.A.C. 197; 2000 BCCA 672, refd to. [para.10].

Counsel:

S.K. Gudmundseth, Q.C., and J.L. Gartner, for the appellants;

K.S. Thompson, for the respondent.

This application was heard at Vancouver, B.C., on November 17, 2015, before Lowry, Willcock and Fenlon, JJ.A., of the British Columbia Court of Appeal. Lowry, J.A., delivered the following judgment for the court on November 26, 2015.

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1 practice notes
  • Zhang v. CIBC Mortgages Inc.,
    • Canada
    • Court of Appeal (British Columbia)
    • 7 Septiembre 2022
    ...the deferential standard of review applies to a chambers judge’s assessment of the merits of an appeal: Friedlander v. Claman, 2015 BCCA 483 at [20]       In my view, Mr. Zhang has failed to identify any error in principle or material factual missta......
1 cases
  • Zhang v. CIBC Mortgages Inc.,
    • Canada
    • Court of Appeal (British Columbia)
    • 7 Septiembre 2022
    ...the deferential standard of review applies to a chambers judge’s assessment of the merits of an appeal: Friedlander v. Claman, 2015 BCCA 483 at [20]       In my view, Mr. Zhang has failed to identify any error in principle or material factual missta......

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