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ARTICLE · 29 FEBRUARY 2024

Time's Up: No Room For Procrastination In Law

Lerners LLP
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In the realm of legal battles, the case of Eddie v Lepp, 2024 ONCA 55 is a telling narrative of procedural requirements and the weight of deadlines in the pursuit of justice.

CanadaLitigation, Mediation & Arbitration
Maya Kotob
Maya Kotob
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Also authored by: Andrea Lee

In the realm of legal battles, the case of Eddie v Lepp, 2024 ONCA 55 is a telling narrative of procedural requirements and the weight of deadlines in the pursuit of justice.

Stemming from a defamation lawsuit, the dispute saw both parties seeking summary judgment, ultimately resulting in an order in favour of Ms. Eddie. More than a year after the motion judge released her reasons, Mr. Lepp decided he wanted to appeal the motion judge's order. Since it was past the deadline to file the Notice of Appeal, Mr. Lepp moved for an extension of time to file the Notice of Appeal.

The overarching principle for the test on a motion to extend the time for filing a Notice of Appeal is whether the "justice of the case" requires that an extension be given. The court takes into account all relevant considerations, including whether the person bringing the request to extend the timeline had the intention to appeal before the deadline, the length

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