When is an application for an extension of time permitted to be filed as soon as circumstances permit?

Canada (Federal), Canada

The following excerpt is from Gamble v. The Queen, 2011 TCC 244 (CanLII):

The phrase “as soon as circumstances permit” does not preclude prioritizing what one can reasonably do in a particular time frame. The question as set down in Pennington v. M.N.R. comes down to what can be reasonably expected in the circumstances. One does not need to rely on a flood or imprisonment or hospitalization to argue that circumstances did not permit filing the application. This is an area of broad discretion. Keeping one’s life work, one’s business enterprises or one’s financial stake from crumbling is a circumstance that might reasonably be attended to and relieved before circumstances can fairly be said to permit the filing of an application for an extension of time to file an appeal. Accordingly, in respect of the delay during this period, I find that the application was filed as soon as circumstances permitted.

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