PRACTICE |
Variation of Time |
Telecommunications Workers Union v. Telus Mobility
T-425-02
2003 FCT 253, O'Reilly J.
28/2/03
6 pp.
Applicant seeking order extending time period for filing appeal beyond 30-day period--Failure to file notice of appeal in timely fashion due to misunderstanding surrounding calculation--Real controversy in motion relates to whether arguable issue on appeal; if so, whether interests of justice justifying extending time--In motion record applicant attempting to satisfy whether arguable issue on appeal by reference solely to notice of appeal--Notice of appeal setting out 12 errors alleged to have been made by Trial Judge under four categories--Notice of appeal more than simply demons-trating existence of appeal--Also providing details on errors alleged to have been made and on facts in case sufficient to conclude some arguable foundation for appeal--Final quest-ion whether extension of time in interest of justice-- Considering all foregoing factors and overall circumstances of matter, interests of justice favour permitting extension to time limit in order to permit filing of notice of appeal--Motion granted.