What is the test for an extension to the appeal period?
Newfoundland and Labrador, Canada
The following excerpt is from Austin v Dunne, 2021 NLCA 38 (CanLII):
... 1. whether the appellant had a bona fide intention to appeal within the appeal period; 2. whether there is a reasonable excuse for the failure to comply with the rule; 3. the potential merits of the appeal; and 4. the presence of any exceptional or special circumstances justifying or working against the fairness of an extension. See also Upshall v. Hickey, 2013 NLCA 59, 341 Nfld. & P.E.I.R. 350, at paragraph 6.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for granting an extension of time to file a notice of appeal? (Newfoundland and Labrador, Canada)
What are the grounds of appeal for reinstatement in a Notice of Appeal? (Newfoundland and Labrador, Canada)
What are the considerations used in settling an application for leave to appeal rule 38 of the Court of Appeal? (Newfoundland and Labrador, Canada)
What is the test for a party to appeal against a finding of error at the Court of Appeal? (Newfoundland and Labrador, Canada)
Is this appeal to the Court of Appeal moot? (Newfoundland and Labrador, Canada)
What is the standard of review applicable to a motion to appeal against a motion for summary judgment? (Newfoundland and Labrador, Canada)
Can leave be granted in an interlocutory appeal? (Newfoundland and Labrador, Canada)
What is the standard of care required by the Court of Appeal in relation to a bailee? (Newfoundland and Labrador, Canada)
What is the standard of appeal and what is the test for determining that a third respondent’s solicitor acted in a conflict of interest? (Newfoundland and Labrador, Canada)
Does Scottish & York need leave to appeal an interlocutory order regarding liability? (Newfoundland and Labrador, Canada)
