What is the test for extending time to take a step in the prosecution of an appeal?

British Columbia, Canada


The following excerpt is from A Solicitor v. The Law Society of British Columbia, 2018 BCCA 163 (CanLII):

The test for an extension of time to take a step in the prosecution of an appeal is less stringent than the application of the test in the context of an extension of time to appeal or seek leave to appeal, but that approach is not static in the face of serial applications for extensions: Jeremic v. Jeremic, 2011 BCCA 442 at para. 12.

In Perren v. Lalari, 2009 BCCA 564, the majority granted an extension of time to file documents to advance the appeal, setting aside the dismissal of that application by a chambers judge. In doing so, the majority said, at para. 37: The interests of justice are generally best served by having appeals heard and disposed of on their merits. In some cases, the actions or inaction of counsel have been visited on their clients, as reflected in some of the authorities referred to by the chambers judge. That occurs more often in cases where the appeal is of dubious merit, where there have been lengthy delays, and/or where there is prejudice to the defendant.

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