What is the test for extending time for an appeal?

Nova Scotia, Canada


The following excerpt is from Cummings v. Nova Scotia (Community Services), 2011 NSCA 2 (CanLII):

Even a cursory review of reported decisions on requests to extend time reveals a wide array of circumstances behind the failure by a prospective appellant to pursue an appeal within the prescribed time. It is for this reason that the three part test is really a convenient list of factors or guidelines that should be considered in determining what is the ultimate question – whether or not justice requires that an extension of time be granted. (See Farrell v. Casavant, 2010 NSCA 71, at para. 17).

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