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Simon Shields, Lawyer

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Since 2005

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Appeals - Extending Timeline to Commence

Howard v Martin (Ont CA, 2014)

In this case the Court of Appeal re-stated the legal test for extending time to file an appeal as follows:

[26] The test on a motion to extend time for filing a notice of appeal 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:

1. whether the moving party formed a bona fide intention to appeal within the relevant period;

2. the length of, and explanation for, the delay in filing;

3. any prejudice to the responding party that is caused, perpetuated or exacerbated by the delay; and,

4. the merits of the proposed appeal.

See Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131 (CanLII), 2013 ONCA 131, at para. 15, and Rizzi v. Mavros, 2007 ONCA 350 (CanLII), 2007 ONCA 350, 85 O.R. (3d) 401, at para. 16.

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