Tuesday, November 20, 2012

Extending time to appeal civil matters

Laczko v. Alexander, 2012 ONCA 803 sets out the test for extending the time to appeal a civil matter – the test is virtually the same as for criminal matters:


[2]          In deciding whether to extend the time, the following factors are relevant: (1) whether the moving parties formed an intention to appeal within the relevant period; (2) the length of and explanation for the delay; (3) any prejudice to the responding party; (4) the merits of the appeal; and (5) whether the justice of the case requires it: Kefeli v. Centennial College of Applied Arts and Technology (2002), 23 C.P.C. (5th) 35 (Ont. C.A.).

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