What is the test for granting an extension of time to appeal?

Nova Scotia, Canada


The following excerpt is from Shupe v. Beaver Enviro Depot, 2021 NSCA 46 (CanLII):

In Farrell v. Casavant, 2010 NSCA 71, Beveridge, J.A., explained the test for granting an extension of time to appeal as, ultimately, a determination of whether it is in the interest of justice to grant the extension (¶17). In determining whether it is in the interest of justice, common factors to be considered are: • the length of the delay; • the reason for the delay; • the presence or absence of prejudice; • the apparent strength or merit in the proposed appeal; and • the good faith intention of the appellant who exercises his or her right of appeal within the prescribed time period.

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