Friedlander v. Claman et al., (2015) 375 B.C.A.C. 260 (CA)

• Jurisdiction: British Columbia
• Court: Court of Appeal (British Columbia)
• Judge: Neilson, J.A.
• Citation: (2015), 375 B.C.A.C. 260 (CA),2015 BCCA 355
• Date: 23 June 2015

Friedlander v. Claman (2015), 375 B.C.A.C. 260 (CA);

    644 W.A.C. 260

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. AU.014

Eran Chaim Friedlander (respondent/claimant) v. Jody Lynne Claman and 567773 BC Ltd. (Inc. No. 56773) (appellants/respondents)

(CA42361; 2015 BCCA 355)

Indexed As: Friedlander v. Claman et al.

British Columbia Court of Appeal

Neilson, J.A.

August 12, 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., 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.

Practice - Topic 9002

Appeals - Notice of appeal - Extension of time for filing and serving notice of appeal - See paragraphs 13 to 28.

Practice - Topic 9004

Appeals - Notice of appeal - Amendment of - See paragraphs 13 to 28.

Practice - Topic 9454.1

Appeals - Factum, case on appeal or appeal book - Extension of time for filing - See paragraphs 29 to 52.

Cases Noticed:

Procon Mining & Tunnelling Ltd. et al. v. McNeil et al. (2010), 297 B.C.A.C. 289; 504 W.A.C. 289; 2010 BCCA 571, refd to. [para. 14].

Clock Holdings Ltd. v. Braich Estate (2009), 271 B.C.A.C. 267; 458 W.A.C. 267; 2009 BCCA 269, refd to. [para. 16].

Jacobs v. Jacobs (2015), 371 B.C.A.C. 101; 636 W.A.C. 101; 2015 BCCA 173, refd to. [para. 24].

A.A. v. S.N.A. (2007), 243 B.C.A.C. 301; 401 W.A.C. 301; 2007 BCCA 363, refd to. [para. 26].

Laxton v. Coglon et al., [2008] B.C.T.C. Uned. 997; 2008 BCSC 42, refd to. [para. 33].

Hallgren v. Fry (2013), 332 B.C.A.C. 60; 569 W.A.C. 60; 2013 BCCA 15, refd to. [para. 42].

Vancouver Canucks Limited Partnership et al. v. Canon Canada Inc. (2015), 370 B.C.A.C. 133; 635 W.A.C. 133; 2015 BCCA 144, refd to. [para. 46].

Coulter (Guardian ad litem) v. Leduc - see Coulter v. Ball et al.

Coulter v. Ball et al. (2005), 211 B.C.A.C. 110; 349 W.A.C. 110; 2005 BCCA 199, leave to appeal refused (2006), 350 N.R. 197 (S.C.C.), refd to. [para. 49].

Bradshaw v. Stenner et al. (2012), 330 B.C.A.C. 261; 562 W.A.C. 261; 2012 BCCA 481, refd to. [para. 54].

Counsel:

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

K.S. Thompson, for the respondent.

This application was heard in chambers at Vancouver, B.C., on June 23, 2015, before Neilson, J.A., of the British Columbia Court of Appeal, who delivered the following judgment on August 12, 2015.