Wednesday, January 7, 2015

Even where delay minor a motion to extend time must show merits

1250264Ontario Inc. v. Pet Valu Canada Inc., 2015 ONCA 57:

Here, the delay is short, an explanation has been provided for the delay, and there is no prejudice to Pet Valu. However, I am unable to find any scintilla suggesting that the appeal has merit. The affidavit filed in support of the motion to extend time is silent on the issue of the merits. The notice of appeal is so general that I am unable to construct any basis for an arguable appeal from the motion judge's factual findings. Very little would be required to show that there is some basis for an appeal in these circumstances, but I can find nothing.

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