What is the test for granting an extension to an appeal?

Nova Scotia, Canada


The following excerpt is from Osif v Young, 2018 NSCA 21 (CanLII):

The Nova Scotia Civil Procedure Rules authorize me to grant the requested extension [Rule 90.37(12)]. Not surprisingly, my overarching consideration is whether it is in the interests of justice to do so, considering at least five factors, namely: • the length of the delay • the reason for the delay • the presence or absence of prejudice • the apparent strength or merit in the proposed appeal, and • the good faith intention of the applicant to appeal within the prescribed period. (Farrell v. Casavant, 2010 NSCA 71, ¶ 17)

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