The Court of Appeal of Alberta refused more time to appeal in Stuart Financial Corporation v Kiehlbauch, 2026 ABCA 311, decided October 1.
Milton Ross Kiehlbauch tried filing before May 29’s deadline, but unpaid fees, an incomplete waiver request and incorrect submissions delayed filing until June 8. Justice Jane Fagnan accepted his genuine intention to appeal, but found no adequate excuse.
He challenged an April 29 order refusing another set-aside application and finding contempt. His grounds also lacked merit. A previous refusal to reopen a 2019 default judgment went unappealed; he identified no legal error permitting another judge to revisit it. His contempt challenge mischaracterized a two-minute wrap-up direction as limiting all argument. He showed no prejudice from short notice.
The extension test requires timely intention, justified delay, no serious prejudice to the respondent, no acceptance of judgment benefits, and a reasonable prospect of success. Even excusing lateness, the merits obstacle was decisive. This was an extension ruling, not a new damages award.
What the filing guidance requires
The court’s filing guidance explains that applicable fees must be paid before a document is processed for filing. Electronic documents must also meet the formatting requirements in the practice direction. The court directs parties to check the rules, deadlines and mandatory requirements before submitting documents.
Its separate deadline guidance cautions that the time for starting an appeal varies with the decision and applicable legislation. Parties must determine their own deadlines; registry staff cannot calculate them. The same responsibility applies to later appeal steps, and missed deadlines can result in an appeal being struck or deemed abandoned.