What are the factors to be considered on an application to extend time for filing an appeal?
British Columbia, Canada
The following excerpt is from Gonzalez v. British Columbia (Workers’ Compensation Board), 2012 BCCA 97 (CanLII):
The five factors to be considered on an application to extend time for filing appeal materials were recently affirmed by Madam Justice Kirkpatrick in Johal v. Virdi, 2011 BCCA 498 at para. 13: (a) was there a bona fide intention to appeal? (b) when were the respondents informed of the intention? (c) would the respondents be unduly prejudiced by an extension of time? (d) is there merit in the appeal? (e) is it in the interests of justice that an extension be granted? Madam Justice Kirkpatrick correctly observed the fifth question encompasses the other four and states the decisive issue.
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