Friday, November 22, 2013

Extension of time to appeal under the Provincial Offences Act

R. v. A.E., 2013 ONCA 71:


[19]       Numerous authorities set out the appropriate factors that a court should consider in determining whether to extend the time in which to appeal under s. 85 of the Provincial Offences Act. Among the appropriate factors, it is usually significant whether:

·        the applicant has demonstrated a bona fide intention to appeal within the prescribed appeal period;

·        the applicant has accounted for or explained the delay in initiating the appeal; and

·        the proposed appeal has merit.

And in some circumstances it will be significant whether:

·        the consequences of the conviction are out of all proportion to the penalty imposed;

·        the Crown will be prejudiced; and

·        the applicant has taken the benefit of the judgment.


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