On an application for an extension of time to file an application for leave to appeal, the court considers the explanation for the delay, the prospects of success on the appeal, and whether the overriding purpose of the just, quick and cheap resolution of the real issues would be served by granting the extension.
A bare assertion of ignorance of time limits does not constitute a satisfactory explanation for delay in filing an application for leave to appeal. A defendant seeking to set aside a judgment entered after an undefended hearing must demonstrate a good defence on the merits by affidavit or otherwise. Repeated failures to appear, even where explained by medical conditions, do not excuse delay where the condition did not prevent the applicant from taking other steps in the proceedings.
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