Key Issue:
The applicants sought an extension of six weeks to file a notice of appeal, citing Rule 14.8 of the Alberta Rules of Court. The appeal arose from a judgment rendered on July 5, 2024, by Gill J., which involved contractual disputes over condominium purchase agreements.

Legal Findings and Rationale

1. Extension of Time Request (Cairns Test): The court analyzed the request based on the established criteria in Cairns v Cairns:

   • Bona Fide Intention to Appeal: The applicants demonstrated intent but lacked sufficient promptness.
   • Explanation for Delay: The delay was attributed to incorrect legal advice; however, the court highlighted the applicants' sophistication in business and their ability to seek timely counsel.
   • Prejudice to Respondents: The court found no serious prejudice to the respondents resulting from the delay.
   • Reasonable Chance of Success: The appeal was deemed to lack merit as the trial judge's findings, based on clear evidence and contractual terms, were unlikely to be overturned.

2. Substantive Issues:

   • The trial court rejected claims of misrepresentation and inducement, finding no credible evidence of agency or actionable promises made by the realtor (Mr. Hahn) that could bind Legends.
   • Alleged deficiencies in the properties were addressed under the contract, and the claims for rescission were ruled baseless.

3. Conclusion:
   The application for an extension of time to appeal was dismissed as the appeal had no reasonable prospect of success.

Outcome:

The Alberta Court of Appeal denied the extension, concluding that the interests of justice did not warrant prolonging the matter.

The judgment does not specify a monetary award, costs, or damages granted or ordered.