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Simon Shields, LLB

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Civil Procedure - Time - Extension

Raitman v Medallion Development Corporation (Ont CA, 2015)

In this case the Court of Appeal quoted the criteria to extend time under the Rules of Civil Procedure as follows:
[3] As noted by Gillese J.A. in Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131 (CanLII), at para. 15, the test on a motion to extend time is well settled. The over-arching principle is whether the justice of the case requires that an extension be given. Factors to be considered include:
- whether the moving party formed a bona fide intention to appeal within the relevant time period;

- the length of, and explanation for, the delay in filing;

- any prejudice to the responding party, caused, perpetuated or exacerbated by the delay; and

- the merits of the proposed appeal.
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