What is the test for late filing of an appeal?
British Columbia, Canada
The following excerpt is from E. Broadway Res. Assn. v. Vancouver (City of), 2001 BCCA 659 (CanLII):
Mr. Justice Low considered only the application to reinstate the appeal, because if it was not reinstated, the application for late filing would be moot. He applied the tests set out in Frew v. Roberts (1990), 44 C.P.C. (2d) 34 (B.C.C.A.): whether the delay is inordinate; whether it has been explained or is inexplicable; and whether it has caused prejudice to the respondent, and concluded (at para. 25): I am not persuaded that it would be in the interests of justice to grant the extensions sought by the appellant.
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