What is the test for extending the time to appeal against a decision by the Court of Appeal?

Nova Scotia, Canada


The following excerpt is from Sandeson v. Nova Scotia (Attorney General), 2022 NSSC 15 (CanLII):

As clearly stated in these cases, the analysis is highly contextual, which ultimately requires exercising judicial discretion to extend the time to appeal in the interest of justice. The ultimate question is is whether justice requires that an extension be granted: Farrell v. Casavant, 2010 NSCA 71 at ¶ 17; Cummings v. Nova Scotia (Community Services), 2011 NSCA 2 at ¶ 19.

Other Questions


In what circumstances will the Court of Appeal in the Family Law Appeal Court order that an application judge be allowed to continue to award an award in a family law matter? (Nova Scotia, Canada)
Can an appeal against a sentencing decision be heard by the Court of Appeal? (Nova Scotia, Canada)
What are the grounds of appeal in a case brought by the Court of Appeal? (Nova Scotia, Canada)
What is the impact of a determination by the appeal panel or by the court of appeal? (Nova Scotia, Canada)
What is the impact of the Court of Appeal's decision on costs in a personal injury case? (Nova Scotia, Canada)
What are some of the most recent decisions of the Court of Appeal in the context of the issue of child protection legislation in the US? (Nova Scotia, Canada)
What is the limitation period for an application to the Court of Appeal against a Minister's decision that exceeds his jurisdiction? (Nova Scotia, Canada)
What is the test for a review court to determine whether a tribunal’s decision is justified, transparent and intelligible? (Nova Scotia, Canada)
What is the analytical framework used by the Court of Appeal in disposing of an application for leave of execution? (Nova Scotia, Canada)
What is the duty of fairness of the Court of Appeal in determining whether an individual has been denied entry to a refugee camp? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.