What is the test for extending the limitation period for applying for an application to extend the time limit for application?

Prince Edward Island, Canada


The following excerpt is from Gallant v. Social Assistance Appeal Board & ano, 2015 PESC 24 (CanLII):

In support of its position that time for this application ought to be extended, the applicant relies on ..., [Webber J.A., for the court, in paras. 21 through 31] in the case of Zenner v. College of Optometrists (2004) PESCAD 07. ... In her analysis, Webber J.A. confirmed that in cases where an extension of a missed time limit is at issue, the court requires, firstly, an explanation for the delay. Then the court would evaluate any prejudice that would result to the respondent and whether it would be detrimental to good administration to extend the limitation period. Finally, the courts often assess the merits of the application. (See Zenner at para. 23.)

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