What is the test for extending time for a notice of appeal?
British Columbia, Canada
The following excerpt is from Hutton v. Bitten, 2004 BCCA 336 (CanLII):
As Mr. Justice Lambert said in Haldorsen v. Coquitlam [2000] BCCA 672 at para. 9: The fifth rule, of course…is that in deciding whether to extend time to someone who files a notice of appeal late, the overriding rule, called the fifth rule, is that there must be a balancing of the interests of justice as they affect both parties and in reaching a decision the interests of justice will prevail. The first four rules cannot be used to defeat the interests of justice but themselves are guides to the application of the interests of justice.
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