Canada Case Law

Portnov v. Alexander Holburn Beaudin + Lang LLP

Court

British Columbia Court of Appeal

The applicant failed to demonstrate that Justice Edelmann committed an error of law, principle, or misconceived the facts in applying the Davies factors; given the conceded tardiness of the applicant's intention to appeal, lack of notice to respondents, neutral prejudice, and that the underlying claim had been struck as meritless, it was not in the interests of justice to extend the time to appeal, so the variation application must be dismissed.

Source excerpt

• Extension of time to appeal
• Default judgment
• Service of process
• Strike under pleading rules

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R. v. Sidhu

Court

Supreme Court of British Columbia

The court granted the extension because the applicant demonstrated a bona fide intention to appeal, the Crown would not suffer undue prejudice from the delay, there is arguable merit to an appeal based on ineffective assistance of appointed counsel that could amount to a miscarriage of justice, and the interests of justice (including serious collateral immigration consequences) outweigh finality; accordingly time to appeal is extended to November 21, 2025.

Source excerpt

• Ineffective assistance of counsel
• Extension of time to appeal
• Criminal harassment (s. 264 criminal code)
• Miscarriage of justice
• Collateral immigration consequences

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S.R. v. Newfoundland and Labrador (Manager of Child and Youth Services)

Court

Newfoundland and Labrador Court of Appeal

The time extension was granted because the appellant demonstrated a bona fide intention to appeal and a reasonable excuse (reliance on Legal Aid), and exceptional circumstances existed—two closely related continuous custody orders with overlapping evidence—such that fairness required both appeals be heard together; the interim application appeal was struck because the continuous custody order rendered the interim context moot and any relevant issues can be raised in the continuous custody appeal.

Source excerpt

• Extension of time to appeal
• Appeal period
• Continuous custody
• Interim application
• Permission to proceed
• Striking notice of appeal

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R. v. Dancho

Court

British Columbia Court of Appeal

The Court held the summary conviction appeal judge applied the correct legal standards: ICBC DPP/penalty points alone are generally not a legally relevant collateral consequence sufficient to render a plea uninformed absent other factors; the appellant failed to show subjective prejudice or adequately explain the delay; the proposed fresh evidence did not meet Palmer's fourth branch and would not have affected the outcome; accordingly the extension of time was properly denied and the appeal dismissed.

Source excerpt

• Guilty plea validity
• Collateral consequences
• Extension of time to appeal
• Fresh evidence (palmer)
• Icbc driver penalty point premium (dpp)

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Toutain c. Le Roi

Court

Tax Court of Canada

La Cour canadienne de l’impôt conclut qu’une « cotisation supplémentaire » pour pénalité pouvait coexister avec une cotisation ultérieure, et accorde la prorogation demandée.

• Extension of time to appeal
• Reassessment vs additional assessment
• Penalty for late filing (t1135)
• Consent judgment
• Tax-appeals
• Extension-of-time

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British Columbia (Director of Civil Forfeiture) v. Jin

Court

Supreme Court of British Columbia

The court exercised its discretion to treat Wei's appeal-proceeding evidence as a Rule 4-7 application, found on the balance of probabilities that the application materials did not come to Wei's attention, and accordingly set aside both the Strike Order and the Default Order under Rule 4-7(1) on terms (conditional relief) while granting an extension of time to appeal; the court limited the scope of the de novo appeal and refused to admit new evidence for issues that should have been raised by set-aside application but accepted and considered the Rule 4-7 material.

Source excerpt

• Service of process
• Default judgment
• Striking pleadings
• Extension of time to appeal
• Fresh evidence on appeal
• Rule 4-7 applications

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Strutzenberger v. Strutzenberger

Court

Court of Appeal for Ontario

The Court of Appeal dismissed a motion to review the refusal of an extension of time to appeal, finding no error and no basis to disturb the motion judge’s decision.

• Extension of time to appeal
• Abuse of process
• Appearance of bias
• Support enforcement
• Costs
• Extension-of-time-to-appeal

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Royal Bank of Canada v. Suretrust Systems Inc.

Court

Court of Appeal for Ontario

Ontario Court of Appeal dismissed a motion to review refusal of an extension of time to appeal, and declined to admit fresh evidence. Costs were awarded to the receiver.

• Extension of time to appeal
• Admission of fresh evidence
• Prejudice
• Costs award
• Appellate review standard
• Extension-of-time-to-appeal

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MacRae v. Cassan

Court

Court of Appeal for Ontario

The Court of Appeal granted an extension of time to appeal, finding the proposed appeal from a r. 2.1.01 dismissal raised arguable merit and was not plainly devoid of merit.

• Extension of time to appeal
• Abuse of process
• Rules of civil procedure r.2.1.01
• Collateral attack on regulatory proceedings
• Dismissal for frivolous or vexatious claims
• Extension-of-time-to-appeal

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R. v. Smith

Court

Supreme Court of British Columbia

Because the sentencing judge indicated no reason to depart from the joint submission and no public interest or disrepute grounds existed, the judge was bound to accept the joint submission; the court granted leave to file late, allowed the appeal, and substituted an order to reflect the joint submission exactly.

Source excerpt

• Joint sentencing submission
• Departure from joint submission
• Extension of time to appeal
• Mootness
• Substitution of order

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