Case information

Civil procedure — Appeals — Extension of time to appeal judgment — Applicant unsuccessfully moving to extend period in which judgment may be appealed — Does the application for leave to appeal raise an issue of public importance?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

In 2016, the respondent Teefy Developments (Bathurst Glen) Limited (“Teefy”), was building a subdivision in the City of Vaughan and retained a brokerage for the sale of the new homes. The applicant, Ms. Sun, purchased a property through the brokerage, but was not in a position to close on the transaction for want of funds. After a number of extensions, Teefy terminated the Agreement of Purchase and Sale, without prejudice to its right to claim damages, which it sought before the courts of Ontario. In 2021, the Superior Court granted Teefy its damages as claimed on summary judgment. In so doing, it did not accept Ms. Sun’s pretentions of vulnerability, mental pressure, undue pressure and compulsion in entering into the agreement. A single judge of the Court of Appeal dismissed Ms. Sun’s motion to extend time to appeal the judgment, and a panel of the Court of Appeal declined to review the extension decision and dismissed Ms. Sun’s motion to admit fresh evidence. It noted that as an exercise of discretion, the extension decision is entitled to deference on review, absent a demonstrated error in principle or misapprehension of material evidence.