What is the test for an extension of time?
Canada (Federal), Canada
The following excerpt is from Virdi v. Canada (Minister of National Revenue), 2005 FC 529 (CanLII):
It is well established that, to succeed on a motion for an extension of time, an applicant has to meet the fourfold test set out in Belmonte v. CUPE, [2004] F.C.J. No. 634: The tests which a party claiming an extension of time must meet have been set out in Canada (Attorney General) v. Hennelly, 1999 CanLII 8190 (FCA), [1999] F.C.J. No. 846 at paragraph 3: 1. a continuing intention to pursue his or her application; 2. that the application has some merit; 3. that no prejudice to the respondent arises from the delay; and 4. that a reasonable explanation for the delay exists.
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