Applications for Extension of Time to Appeal

In accordance with R. 6(2) of the Court of Appeal Rules, B.C. Reg. 120/2022, is required to file and serve a notice of appeal not more than 30 days after the order was pronounced.

Section 32 of the Court of Appeal Act, S.B.C., 2021, c. 6, provides that a justice may extend a time limit in the Act or Rules, including for filing and serving a notice of appeal.

The burden is on the applicant to establish that the criteria for granting such an extension are met: Rapton v. British Columbia (Motor Vehicles), 2011 BCCA 71 at para. 19.

In considering an application to extend time to file and serve an appeal, certain factors are described in Davies v. C.I.B.C. (1987), 15 B.C.L.R. (2d) 256 at 259–260 (C.A.):

a. Was there a bona fide intention to appeal?
b. When were the respondents informed of the intention?
c. Would the respondents be unduly prejudiced by an extension of time?
d. Is there merit in the appeal?
e. Is it in the interest of justice that an extension be granted?

The interests of justice is “an overriding question and embraces the first four questions”: Davies at 260–261.

But it is “not all that comprises the fifth factor.” The interests of justice include a myriad of factors, such as the interests of the parties and compliance with the Rules of Court: Clock Holdings Ltd. v. Braich, 2009 BCCA 437 at paras. 23–24.

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