Motion to extend time to appeal

Generally the time to launch an appeal will be extended if the justice of the case demands it.  This usually requires a consideration of prejudice and any intention to appeal: 678400 Ontario Inc. v. Roehampton Apartments Limited, 2007 ONCA 384. 

 

The recently released Alberta decision in Rypien v. Dumont, 2010 ABCA 196  sets out the test very clearly:

 

[3]             … . To obtain leave the applicant must show: 

 

 

 

a.         that there was a bona fide intention to appeal while the right to appeal existed, and that there was some special circumstance that would excuse or justify the failure to appeal;

 

 

 

b.         an explanation for the delay and that the other side was not so seriously prejudiced by the delay that it would be unjust to disturb the judgment, having regard to the position of both parties;

 

 

 

c.         that the appellant has not taken the benefits of the judgment from which appeal is sought; and

 

 

 

d.         that the appeal would have a reasonable chance of success if allowed to proceed.