Monday, March 4, 2013

The Test for Extending Time

Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131 deals with the test to extend time generally.  In the specific case the Court was considering extending time to file a motion to seek leave to appeal:
[15]       The test on a motion to extend time is well-settled.  The overarching principle is whether the “justice of the case” requires that an extension be given.  Each case depends on its own circumstances, but the court is to take into account all relevant considerations, including:
(a)         whether the moving party formed a bona fide intention to appeal within the relevant time period;
(b)         the length of, and explanation for, the delay in filing;
(c)         any prejudice to the responding parties, caused, perpetuated or exacerbated by the delay; and
(d)         the merits of the proposed appeal.
See Rizzi v. Mavros (2007), 85 O.R. (3d) 401 (C.A.).
[16]       In my view, lack of merit alone can be a sufficient basis on which to deny an extension of time, particularly in cases such as this where the moving party seeks an extension to file a notice of leave to appeal, rather than an extension of time to file a notice of appeal: see Miller Manufacturing and Development Co. v. Alden, [1979] O.J. No. 3109 (C.A.), at para. 6.

8 comments:

Anonymous said...

I'm really impressed with your writing skills as well as with the layout on your blog. Is this a paid theme or did you customize it yourself? Either way keep up the nice quality writing, it is rare to see a great blog like this one today.

Feel free to surf to my web blog; bankruptcy in florida

Anonymous said...

After looking over a few of the articles on your site, I seriously appreciate your technique of blogging.
I book marked it to my bookmark website list and will be checking back soon.

Please check out my web site too and let me know what you think.



Also visit my weblog ... diet plans that work for women
My site: diet plans for women to lose weight fast

Anonymous said...

Why people still use to read news papers when in this technological globe everything is accessible
on net?

Feel free to surf to my blog post ... raspberry ketone

Anonymous said...

An impressive share! I have just forwarded this onto a coworker who was conducting a
little homework on this. And he actually ordered me lunch
because I found it for him... lol. So let me reword this.
... Thank YOU for the meal!! But yeah, thanks for spending the time to discuss this issue here on your web site.


Review my website; http://slimberrycleanseblog.com

Anonymous said...

Admiring the hard work you put into your
site and in depth information you provide. It's awesome to come across a blog every once in a while that isn't the same outdated rehashed material.

Great read! I've saved your site and I'm adding your RSS feeds to my Google account.


Feel free to surf to my website ... Trimextrin Review

Anonymous said...

We are a group of volunteers and starting
a new scheme in our community. Your website provided us with valuable info to work on.
You've performed an impressive process and our entire neighborhood will probably be grateful to you.

my weblog Wrinkle cream

Anonymous said...

Its like you read my mind! You appear to know a lot about this, like you
wrote the book in it or something. I think that you can do with some pics to drive the message home
a bit, but instead of that, this is wonderful blog. A fantastic read.

I will definitely be back.

Here is my webpage; Ripped Muscle X\Lean Muscle

Anonymous said...

Very good blog! Do you have any recommendations for aspiring writers?
I'm planning to start my own website soon but I'm a
little lost on everything. Would you recommend starting with a free platform like Wordpress or go for a paid option?
There are so many choices out there that I'm totally confused .. Any suggestions? Appreciate it!

Also visit my weblog :: garcinia cambogia review