Legal Late Appeal Form

LEGAL LATE APPEAL FORM

Appellant Name:   Appellant Address:

Respondent Name:   Respondent Address:

Court/Tribunal:   Case / Docket No.:

Date of Order/Decision being appealed:

Recitals

WHEREAS the Appellant seeks leave to file an appeal from the Order/Decision dated rendered in the proceedings identified above;

WHEREAS the time for filing a notice of appeal has expired and the Appellant did not file within the prescribed period for reasons set forth in this form;

WHEREAS the Appellant seeks an extension of time and leave to appeal on the grounds and with the supporting material described below;

NOW THEREFORE, the Appellant applies to the Court/Tribunal for an order granting leave to file a late appeal and for the relief requested in this form.

1. Jurisdiction and Basis for Relief

1.1 The Appellant requests an extension of time and leave to appeal pursuant to the Court's inherent jurisdiction and the applicable rules of procedure permitting late filing where justice requires. The Appellant asserts that the circumstances described in this form constitute sufficient cause for such relief.

2. Reasons for Delay

2.1 Select the categories that apply to the delay:

 Illness or medical incapacity affecting the Appellant or Appellant's counsel
 Error or inadvertence by counsel or counsel change
 Discovery of new evidence not reasonably available earlier
 Other (explain below)

3. Statement of Facts and Grounds of Appeal

4. Supporting Evidence and Exhibits

4.1 The Appellant attaches or will file the following supporting materials (check all that apply):

 Affidavit(s) in support
 Medical or incapacity records
 New evidence documents
 Copy of the Order/Decision appealed
 Other (list below)

5. Relief Sought

6. Declaration and Undertaking

I, the undersigned Appellant, declare under penalty of perjury that the facts set out in this application are true to the best of my knowledge, information and belief. I certify that the delay in filing the appealed notice was not occasioned by wilful neglect or for the purpose of delay, and that this application is made in good faith.

I undertake to serve a copy of this application and any supporting materials on the Respondent and to file proof of such service with the Court/Tribunal. I acknowledge that the Court may order costs against me if this application is frivolous or vexatious.

7. Service and Notices

7.1 Method of service to be used to notify the Respondent (select at least one):

 Personal service
 Mail / Courier
 Email (if consented)
 Facsimile

8. Remedies, Governing Law and Miscellaneous

Governing Law: This application and any order made in relation to it shall be governed by the substantive and procedural law of the forum in which the Court/Tribunal sits.

Entire Agreement: This form and any attachments constitute the entire written application for extension of time and leave to appeal and supersede any prior written statements limited to the subject matter hereof.

Severability: If any provision of this application is held to be invalid or unenforceable, the remainder of the application shall continue in full force and effect.

Amendments and Waiver: No amendment or waiver of any provision of this application shall be effective except by written instrument signed by the party against whom enforcement is sought. Failure to enforce any provision shall not constitute a waiver of future enforcement.

Counterparts: This application may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

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