What is the effect of the delay in prosecuting an appeal?

British Columbia, Canada


The following excerpt is from Wilson v. Newcomb, 1998 CanLII 6543 (BC CA):

In my view, this is a case in which the three-part test set out in Frew v. Roberts, supra, has been met. The notice of appeal was filed on 10 February 1997. After the appeal was filed, no steps whatsoever were taken to prosecute the applicant's appeal until the present motions were filed. In February 1998, the applicant received a copy of the notice from the registry saying that his appeal had been placed on the inactive list and that it would be dismissed as abandoned after 180 days. I think the delay in this case can properly be described as inordinate. I add that if the appeal were reinstated, a further, lengthy delay would inevitably ensue because the appeal books and transcripts from the six-day trial have yet to be ordered.

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