What is the effect of the delay in prosecuting an appeal?

British Columbia, Canada

The following excerpt is from Wilson v. Newcomb, 1998 CanLII 6543 (BC CA):

In my view, this is a case in which the three-part test set out in Frew v. Roberts, supra, has been met. The notice of appeal was filed on 10 February 1997. After the appeal was filed, no steps whatsoever were taken to prosecute the applicant's appeal until the present motions were filed. In February 1998, the applicant received a copy of the notice from the registry saying that his appeal had been placed on the inactive list and that it would be dismissed as abandoned after 180 days. I think the delay in this case can properly be described as inordinate. I add that if the appeal were reinstated, a further, lengthy delay would inevitably ensue because the appeal books and transcripts from the six-day trial have yet to be ordered.

Other Questions

What is the effect of a judgment in the court below in the appeal before the disposition of the appeal? (British Columbia, Canada)
In paragraph 81 of the Supreme Court of Canada's Appeal Court of Appeal, in the context of sentencing, what is the effect of the sentence on the offender's moral blameworthiness? (British Columbia, Canada)
What is the effect of having to have a division of the Court of Appeal hear an appeal of a restoration order? (British Columbia, Canada)
Does a decision of appeal from a master be appealed from the Court of Appeal of the Master? (British Columbia, Canada)
Can an appeal be dismissed as abandoned on the grounds that the order appealed from was interlocutory and leave to appeal had not been obtained? (British Columbia, Canada)
What is the difference between extending time to file a notice of appeal and taking a step necessary to prosecute a valid appeal? (British Columbia, Canada)
What is the effect of the word "wilful delay or default" in Rule 52(5) of Rule 52 of the Rules of Appeal? (British Columbia, Canada)
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
What is the effect of Rule 37 of the Rules of Appeal Rule 37 on a motion of appeal? (British Columbia, Canada)
What is the test for extending time to take a step in the prosecution of an appeal? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.