What is the test for extending the time on an appeal?

Saskatchewan, Canada


The following excerpt is from Coughlin v. Willis, 1932 CanLII 227 (SK CA):

By way of preliminary objection, the respondents’ counsel submitted that I am without jurisdiction to extend the time, as the above order provided that, in default of the security being given within the time specified, the plaintiff’s appeal, without further order, should stand dismissed with costs. For authority he recalled the order which I made in Hillman v. Imperial Bank, on September 13, 1928 (unreported) containing a similar provision, and regarding which I expressed the view that the appellant’s failure to furnish security within the prescribed time effectively put an end to the appeal, and so placed it beyond my power to deal further with the matter.

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