Friday, May 30, 2014

Extending time to move in Court of Appeal

D.G. v. A.F., 2014 ONCA 436:

[11]       In my view, the test to apply to the applicant’s request for an extension of time should be the same as the test on a motion to set aside a Registrar’s order dismissing an appeal for delay, since such an order was at the root of the motion before Doherty J.A. That test was succinctly stated by Weiler J.A. in Paulsson v. Cooper, 2010 ONCA 21, [2010] O.J. No.123, at para. 2:

The factors a court should consider in deciding whether to grant this type of motion are well-known. They are: whether the applicant had an intention to appeal within the time for bringing an appeal; the length of the delay, and any explanation for the delay; any prejudice to the respondent caused by the delay; and the justice of the case. This last factor is most important and requires a consideration of the merits of the appeal.

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