Extending time to appeal

Mauldin v. Cassels Brock & Blackwell LLP, 2011 ONCA 67, released on-line today, sets out the test for extending the time for filing a notice of appeal:

[5] Although this motion involves a request for leave to extend time to perfect an appeal, it is useful to consider the factors that apply when determining whether to exercise discretion to extend the time for filing a notice of appeal. Those factors are:

· Has the appellant maintained a firm intention to appeal within the relevant time period?

· Has the appellant provided a reasonable explanation for the delay in perfecting the appeal?

· Is there prejudice to the respondent in granting the extension?

· Is there is so little merit in the proposed appeal that the court could reasonably deny the appellant this important right?

· Does the “justice of the case” require the granting of an extension?

See Todd Archibald, Gordon Killeen & James C. Morton, Ontario Superior Court Practice 2011 (Toronto: Lexis Nexis Canada, 2010), at p.580; Rizzi v. Mavros (2007), 85 O.R. (3d) 401 (C.A.); and Kefeli v. Centennial College of Applied Arts and Technology, 23 C.P.C. (5^th) 35 (Ont. C.A.), at para. 14