Does an extension of time to file an appeal be granted where the appeal is without merit?

British Columbia, Canada


The following excerpt is from Cost Plus Computer Solutions Ltd. v. VKI Studios, 2015 BCCA 467 (CanLII):

An extension of time to file an appeal should not be granted where the appeal is without merit. This principle applies even where the other factors are met: Stewart v. Postnikoff, 2014 BCCA 292.

Other Questions


Does the Court have to consider the merits of an appeal before deciding whether to grant an extension of time for perfecting the appeal? (British Columbia, Canada)
Can an appeal be dismissed as abandoned on the grounds that the order appealed from was interlocutory and leave to appeal had not been obtained? (British Columbia, Canada)
In what circumstances will a court grant an extension of time to file documents to advance an appeal? (British Columbia, Canada)
Does a decision of appeal from a master be appealed from the Court of Appeal of the Master? (British Columbia, Canada)
Does the Court have jurisdiction to grant an extension of time to take a step necessary in the prosecution of an appeal? (British Columbia, Canada)
What are the relevant factors for granting an extension of time under s. 25 of the Rules of Appeal? (British Columbia, Canada)
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
Can a subsequent appeal be heard on the basis that the appeal does not lack merit? (British Columbia, Canada)
What is the legal test for appeal against an Order requiring the Court to consider the merits of an appeal? (British Columbia, Canada)
What is the test for appeal against an interlocutory order that has been granted by the Court of Appeal? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.