What is the test for an application to extend the appeal period?

Alberta, Canada


The following excerpt is from Kubota Canada Ltd. v. Case Credit Ltd., 2004 ABCA 41 (CanLII):

In Re Flair Construction v. Bank of Montreal (1981), 38 C.B.R. 292 (B.C. C.A.) (Flair) at 294, Craig J.A. held that the governing principle in applications to extend time is the presence of special circumstances, taking into account such factors as whether: 1. The applicant had a bona fide intention to appeal before the expiration of the appeal period; 2. That intention was communicated to the respondent; 3. The respondent would not be unduly prejudiced by an extension; 4. The appeal is meritorious in that there is a reasonably arguable ground of appeal; and 5. It is in the interest of the parties to grant the extension.

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