In Longarini v. Rankin (Ont CA, 2025) the Ontario Court of Appeal dismissed an appellate motion to extend time to commence an appeal, here where the appeal was to be brought against the motion judge striking "the Amended Statement of Claim in its entirety" and denying "leave to amend on the basis that the Claim could not be cured by amendment".
The court applied a public interest override to a settlement privilege claim, here where the court was assessing the merits element of a time extension motion:
[15] Second, the motion judge found that settlement privilege would not attach to the email, as the public interest in exposing the impropriety outweighs the public interest in according privilege, and therefore the information was not confidential and not communicated in confidence: see Augier v. Vis, 2011 ONSC 4583 at para. 18. ....
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