Nelson v. Canada ( Warden of the Edmonton Institution )
A-711-95
Strayer J.A.
18/11/96
4 pp.
Appeal from Trial Division decision dismissing application for extension of time for service of material in support of originating notice of motion for judicial review-Main considerations for determining whether extension of time should be granted: intention, formulated within time limit, to take proceedings; existence of arguable case; cause and actual length of delay and whether prejudice caused by delay-All elements favouring applicant-Relevant legal criteria all pointing to grant of extension of time-Motions Judge refusing extension because method of service not correct-Wrong principle for Motions Judge to take method of service into account in refusing extension of time-Appeal allowed.
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