Law360 Canada ( June 5, 2026, 9:36 AM EDT) -- Appeal by Janet Henley from a costs award arising out of long-running estate litigation between siblings. The decision under appeal ordered that each party bear their own costs. After that decision, but before a formal order was entered, Janet Henley and Brian Henley brought a Rule 20A application seeking enhanced costs based on offers to settle. The application was granted, and an April 2023 order reflected both the merits disposition and enhanced costs. John Henley and Christopher Henley successfully appealed the enhanced costs decision, and the Court of Appeal set it aside and reinstated the original no costs award. A formal order reflecting that result was filed. Before that filing, however, a second formal order reflecting the original merits disposition and no costs award was filed in the court below. Janet Henley then filed a Notice of Appeal, appealing the costs award in that order, 960 days after the June 2022 decision. John Henley and Christopher Henley applied to dismiss the appeal for undue delay, and Brian Henley applied to dismiss their cross‑appeal. Janet Henley opposed, arguing the appeal was timely because it was filed within 30 days of the formal order, that delay before filing a notice of appeal could not ground dismissal, and that the rules did not address the unusual procedural history. The issues were whether delay prior to filing a notice of appeal could constitute undue delay, whether the 960‑day delay was undue and prejudicial, and whether the appeal and cross‑appeal should be dismissed....