What is the test for an application to extend the time for taking a step necessary in the prosecution of an appeal?
British Columbia, Canada
The following excerpt is from A.M. v. British Columbia (Director, Child, Family and Community Service), 2007 BCCA 612 (CanLII):
On an application to extend the time for taking a step necessary in the prosecution of an appeal, the following questions, with the necessary modifications, will generally be considered: (1) was there a bona fide intention to appeal? (2) when were the respondents informed of the intention? (3) would the respondents be unduly prejudiced by an extension? (4) is there merit in the appeal? (5) is it in the interest of justice that an extension be granted? The fifth question is the most important as it encompasses the other four questions and states the decisive question. See Davies v. C.I.B.C., supra.
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