An Alberta appeal judge has restored an estate’s appeal after its lawyer’s firm ran out of the coloured card stock required for the cover of the appeal record. The record was filed one day late.
In McCallum Estate v McCallum, 2026 ABCA 353, Justice Jane Fagnan granted the application by Morgan Wilson, administrator of Richard Mervin McCallum’s estate. Wilson applied promptly under rule 14.65(1) of the Alberta Rules of Court after missing the filing deadline.
Wilson said in sworn evidence that the record was ready on the day it was due. Late that day, the firm discovered it had no more of the required cover paper. Terry Lynn McCallum, the respondent, argued that other options were available to file on time and that the appeal lacked merit.
The appeal concerned the relationship between family property proceedings and a later estate action. For the purpose of restoring the appeal, Fagnan found that the alleged errors met the low threshold for an arguable appeal. The underlying property and estate issues remain for the appeal.
Fagnan accepted the explanation for the brief delay and found that Wilson had intended throughout to pursue the appeal. The late filing caused no prejudice to the respondent. Taken together, those considerations satisfied the judge that restoration served the interests of justice.
In her November 3 decision, Fagnan directed counsel to contact the case management officer by November 6 to set filing deadlines.
