Is there any prejudice from the fact that an appeal was not filed and served in time?
Alberta, Canada
The following excerpt is from Armstrong v. Armstrong, 2006 ABCA 228 (CanLII):
The second subpart of the “second” branch of the test is to show that the respondent has not been seriously prejudiced by the delay so as to make it unjust to extend the time: Cairns v. Cairns, supra, at 344. Here I presume that the prejudice must be any prejudice from the fact that the appeal was not filed and served in time.
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