2.3 Filing a late Notice of Appeal
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Maybe you didn’t know you had a right to appeal and only learned of that right after the appeal period. Or maybe you planned to appeal but Legal Aid BC caused a delay (see if Legal Aid BC caused the delay below). In this case, file your Notice of Appeal (Form 2) together with a Notice of Application for Extension of Time to Appeal (Form 7).
On the application for extension of time to appeal, indicate that you had a genuine intention to appeal within the 30-day period, if you did, and give the reasons why you were unable to file the Notice of Appeal in that time period. On an application to extend the time to appeal, the Court will consider:
- Whether you had a genuine intention to appeal before the deadline.
- Whether you told the Crown expressly or impliedly that you intended to appeal.
- Whether the Crown would be unduly prejudiced by an extension of time.
- Whether there is merit to your appeal in the sense that there is a reasonably arguable ground.
- Whether it is in the interests of justice that an extension be granted.
You should try to address these factors in your application.
You must file the forms with the registry at the Court of Appeal.
- For the Notice of Appeal, file the original plus 5 copies
- For the Notice of Application for Extension of Time to Appeal, file the original plus 3 copies
If the Legal Aid BC caused the delay
Maybe you had difficulty getting a response from the Legal Aid BC within the appeal period. If the Legal Aid BC caused a delay in your application for appeal, you can request an affidavit from Legal Aid BC that explains the delay.
An affidavit is a written statement that someone swears on oath to be true.
To obtain this affidavit, contact the Appeals Section of the Society:
Legal Aid BC Appeals Section
400 – 510 Burrard Street
Vancouver, BC V6C 3A8
Phone: 604-601-6085 (call collect)
File the original of the affidavit plus three photocopies along with your Notice of Application for Extension of Time to Appeal, and your Notice to Appeal.