What is the test for an application to extend the time for filing a notice of appeal?
Newfoundland and Labrador, Canada
The following excerpt is from Austin v Dunne, 2021 NLCA 38 (CanLII):
Factors relevant in assessing an application to extend the time for filing a notice of appeal are discussed in Law Society of Newfoundland v. Fahey, 2000 NFCA 19:
... 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.
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