1.6 What if you miss a deadline and are too late to appeal?
If you have missed the deadline for filing your notice of appeal
You may apply for an extension of time if you have missed the 30-day deadline for filing your notice of appeal. Take the following steps:
- Obtain a hearing date from the registry. It is a good idea to communicate with the other parties to find a date that works for everyone.
- Prepare a notice of appeal (Form 1)
- Prepare a notice of application (Form 4) and indicate on the application that you are seeking an extension of time to file your notice of appeal.
- Prepare an affidavit that supports your application (explaining why you missed the filing deadline).
- You may prepare a written argument explaining why you believe you should be granted an extension, keeping in mind the factors the court will consider (listed below).
- File a notice of appeal, notice of application, affidavit, and written argument (if any) at least 5 business days before the date set for hearing your application. If you file in paper you must provide at least four copies (two for use by the court, one for your own use, one for each respondent).
- Pay your court filing fee when you file your notice of appeal and notice of application.
- Serve a copy of the filed notice of appeal, notice of application, affidavit, and written argument (if any) on each respondent at least 5 business days before the date set for hearing the application.
Find the Form
Your application will be heard by a single judge in chambers. The respondent may appear at the hearing and argue that you should not be given an extension.
The judge will normally consider these factors when deciding whether to grant your application for an extension of time:
- Did you have a bona fide (genuine) intention to appeal?
- When were the respondents informed of your intention to appeal?
- Would the respondents be prejudiced by an extension of time, or would an extension disadvantage the respondent(s) very much?
- Does your appeal have merit (is there some chance your appeal will succeed)?
- Considering all the above, is it in the interests of justice that an extension be granted?
If you’ve missed the deadline for filing your application for leave to appeal
You may apply for an extension of time if you have missed the deadline for filing your application for leave to appeal (which is required no more than 30 days after filing your notice of appeal). Take the following steps:
- Obtain a hearing date from the registry for your application. It is a good idea to communicate with the other parties first to find a date that works for everyone.
- Prepare a notice of application (Form 4) and indicate on the application that you are seeking both an extension of time and leave to appeal. The Justice who hears your application will consider both at the same time.
- Prepare an application book for leave to appeal by following the completion instructions.
- File the notice of application and application book at least 10 business days before the date set for hearing your application. If you file in paper you will require at least 4 copies (2 for use by the court, one copy for your own use, one copy for each respondent).
- Pay your court filing fee when you file your notice of application.
- Serve a copy of the filed application and other materials on each respondent at least 10 business days before the date set for hearing the application.
Your application will be heard by a single judge in chambers. The respondent may appear at the hearing and argue that you should not be given an extension of time.
The judge will normally consider these factors when deciding whether to grant your application for an extension of time:
- Did you have a bona fide (genuine) intention to appeal?
- When were the respondents informed of your intention to appeal?
- Would the respondents be prejudiced by an extension of time or would an extension disadvantage the respondent(s) very much?
- Does your appeal have merit, (is there some chance the appeal will succeed)?
- Considering all the above, is it in the interests of justice for an extension to be granted?
