A judgment of the Appeal Court can be depended upon by the trustee as " res judicata," unless leave to appeal is IN obtained within 30 days; the object of the Act and Rules would be defeated if such leave could be granted at any time at the discretion of any judge.
The order extending the time for the present application Cannon J. was made without jurisdiction, could not, at all events, prevail against a statutory delay such as provided by rule 72, and, therefore, I cannot now entertain the application, which comes too late and is dismissed with costs.
the judgment of the Appeal Division.
The extension granted was until June 23, 1931.
The application for special leave to appeal to the Supreme Court of Canada (now in question) came before Cannon J. on June 20, 1931.
L. A. Forsyth K.C. for the applicant.
Nigel B. Tennant for the respondent.