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

Alberta, Canada


The following excerpt is from Rose v. Bulkowski, 2000 ABCA 316 (CanLII):

It was held in Cairns v. Cairns that it is incumbent on the applicant for an extension of time: (1) to show that a bona-fide intention to appeal was entertained while the right to appeal existed and that the failure to appeal was by reason of some special circumstance which served to excuse or justify such failure; (2) To account for the delay [in filing the notice of appeal and in moving for an extension of time] and to show that the other side was not so seriously prejudiced thereby as to make it unjust, having regard to the position of both parties, to disturb the judgment; (3) To show that he has not taken the benefits of the judgment from which he is seeking to appeal; and (4) to show that he would have a reasonable chance of success if allowed to prosecute the appeal. IV. DISCUSSION

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