What is the test for dismissing a notice of appeal?
British Columbia, Canada
The following excerpt is from Synex Pharmaceutical Inc. v. Lee, 2009 BCCA 473 (CanLII):
However, the respondents now seek a dismissal of the appeal as their primary remedy. They wish to forestall applications for an extension of time to appeal and for leave to appeal, which they anticipate if I should merely declare the notice of appeal a nullity. They submit such applications would have no chance of success and I should therefore dismiss the action now. For the proposition that I have jurisdiction to do so, they refer to Bryfogle v. Smit, 2005 BCCA 547 [Chambers] (Levine J.A.) at para. 13:
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