November 14 – Extending Time to Appeal

“The factors that a court considers in deciding whether to grant an extension of time to appeal are: 1) whether the appellant formed an intention to appeal within the relevant period; 2) the length of the delay and the explanation for it; 3) any prejudice to the respondent; 4) the merits of the appeal, and 5) whether the justice of the case requires that time be extended: Rizzi v. Mavros(2007), 2007 ONCA 350 (CanLII)85 O.R. (3d) 401 (C.A.), at para. 16. In a case involving children, the justice of the case is reflected in the best interests of the children: Lombardi v. Mehnert, 2009 CanLII 20352 (ON SC)[2009] O.J. No. 1715, 67 R.F.L. (6th) 167 (Ont. S.C.).”

Denomme v. McArthur, 2013 ONCA 694 (CanLII) at 7