|
Appeals - Leave to Appeal - Time Extension (2). 1803275 Ontario Limited v. Deerbourne Estates Corporation
In 1803275 Ontario Limited v. Deerbourne Estates Corporation (Ont CA, 2025) the Ontario Court of Appeal considered a motion where the moving party "seeks an order extending the time to file its motion for leave to appeal from the [SS: CJA s.133b] costs award".
Here the court cites timelines for a R61.03.1 leave to appeal motion:[3] The Rules of Civil Procedure, R.R.O. 1990, Reg. 194, provide clear timelines for filing documents with the court. Rule 61.03.1(3) requires that a notice of motion for leave to appeal be served within 15 days of the order to be appealed from and filed within 5 days of that service. Rule 61.03.1(6) requires the moving party to file a motion record, a factum, and transcripts, if any, within 30 days after the filing of the notice of motion for leave to appeal. . 786 Ummah Investments Corporation et al. v. Peel Standard Condominium Corporation 1021 et al.
In 786 Ummah Investments Corporation et al. v. Peel Standard Condominium Corporation 1021 et al. (Ont Divisional Ct, 2025) the Divisional Court considered the test for extending time to move for leave to appeal:[31] The law on a motion for leave to extend the time to bring a Motion for Leave to Appeal was set out in Imona-Russel v. JD Ekpenyong, 2024 ONSC 1352, para. 9 et seq. applying Van de Kerckhove v. Wagner, 2022 ONSC 5780 at paras 10-11; Catalyst Capital Group Inc. v. Moyse, 2016 ONSC 554 at para 2. On a motion for leave to extend the time to bring a motion for leave to appeal, the court should consider:a. Whether the moving party formed an intention to appeal within the relevant period;
b. The length of the delay and the explanation for it;
c. The prejudice to the responding party;
d. The merits of the appeal; and
e. Whether the governing principle of whether the justice of the case requires that an extension be given. [32] No one of these factors is determinative. They must be weighed together to determine the ‘justice of the case.’ . Mundulai v. Law Society of Ontario
In Mundulai v. Law Society of Ontario (Ont CA, 2025) the Ontario Court of Appeal considered the test for extending time to commence a leave to appeal motion:[9] The test for an extension of time was succinctly stated by Weiler J.A. in Paulsson v. University of Illinois, 2010 ONCA 21, at para. 2:The factors a court should consider in deciding whether to grant this type of motion are well-known. They are: whether the applicant had an intention to appeal within the time for bringing an appeal; the length of the delay, and any explanation for the delay; any prejudice to the respondent caused by the delay; and the justice of the case. This last factor is most important and requires a consideration of the merits of the appeal. [10] See also Kefeli v. Centennial College of Applied Arts and Technology (2002), 23 C.P.C. (5th) 35 (Ont. C.A.), at para. 14, per Simmons J.A. The last factor, the merits and justice of the case, is the most important and can be determinative: see e.g. 1250264 Ontario Inc. v. Pet Valu Canada Inc., 2015 ONCA 5, at paras. 7-9; Overtveld v. Overtveld, 2021 ONCA 930, at para. 9.
|
