Thursday, January 31, 2013

Extension of time to perfect an appeal

Mortazavi v. University of Toronto, 2013 ONCA 66 deals, in part, with extending the time to perfect an appeal. The Court holds:

[21]       The overriding principle the court must consider in deciding whether to grant a party an extension of time to perfect an appeal is whether the justice of the case requires it.  In applying this principle, the court typically takes into account the following four 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;

4.            The merits of the appeal.

See Issasi v. Rosenzweig, 2011 ONCA 112, at para. 4.

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