What is the test for an application to extend the time of a delay in an appeal?
Quebec, Canada
The following excerpt is from Tshitenge Masuku c. R., 2014 QCCA 817 (CanLII):
The criteria I must consider are those set out by Fish, J.A., then a judge of this Court, in Lamontange v. The Queen: To succeed on an application for extension of delays, the applicant must normally establish: (1) an intention to appeal while the right of appeal existed; (2) arguable grounds of appeal; (3) reasonable diligence in seeking to exercise the right to appeal within the prescribed time.[1]
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