The standard of review analysis has no place in a case of procedural unfairness: Baker v. Labour Standards Tribunal, 2010 NSCA 43. On this ground alone, the decision to extend time should be set aside unless a case can be made for the exercise of discretion on the ground that setting aside the decision causes an injustice. The reasoning in the next sections shows that this is not a case for exercising the overriding discretion. Standard for Reviewing the "Exceptional Circumstances" Question
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