Extension of time to appeal

Today’s decision in Mignacca v. Merck Frosst Canada Ltd., 2009 ONCA 393 is a good source for the law on granting an extension of the time to appeal. The Court writes:

[11]          In considering whether to exercise its discretion to extend the time for the filing of a notice of appeal, a court generally considers the following factors:

1)                 whether the appellant formed an intention to appeal within the relevant period;

2)                 the length of the delay and explanation for the delay;

3)                 any prejudice to the respondent; and

4)                 the merits of the appeal.

The court also considers whether the justice of the case requires the granting of the extension: see Kefeli v. Centennial College of Applied Arts & Technology (2002), 23 C.P.C. (5^th) 35 (Ont. C.A. ), at para. 14, and Rizzi v. Mavros (2007), 85 O.R. (3d) 401 ( C.A. ), at para. 16.