What are the relevant factors for granting an extension of time under s. 25 of the Rules of Appeal?
British Columbia, Canada
The following excerpt is from Ma v. Vansanten, 2019 BCCA 19 (CanLII):
It is well-known that the orders sought by the plaintiffs are discretionary. The onus is on the applicants to show why the appeals should be removed from the inactive list and that further time should be granted for the filing of their factum and appeal record. The onus under s. 25 has been said to be more onerous than the onus on an applicant for a simple extension of time: see Perren v. Lalari, 2009 BCCA 564. It seems to me that in this case, the relevant factors to be considered include the possible merits of the appeal, the length of delay that has occurred thus far and any likely future delays, any prejudice to the defendants, and ultimately and most importantly, whether the interests of justice support the granting of the order sought.
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