What is the test for an application to extend time to appeal?
Alberta, Canada
The following excerpt is from RIC New Brunswick Inc. v. Telecommunications Research Laboratories, 2010 ABCA 75 (CanLII):
Normally applications for leave to extend time to appeal involve comparatively short time extensions. It has been said in some cases that, for example, where the time is very short, a day or two or three, something like that, it is quite common to waive a lot of rules and not worry about too many criteria. There are also situations of plain and manifest injustice and unfairness where some courts on strong cases have been willing to bypass one or more of the Cairns v. Cairns[1] tests.
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