The Crown sought an extension of time to appeal the respondent's acquittal on a fraud charge.
The respondent moved to dismiss the Crown's application for non-compliance with appeal timelines.
The court applied the three-factor test for extending time: bona fide intention, explanation for delay, and merit of the appeal.
While the Crown demonstrated an intention to appeal, it failed to provide adequate explanations for significant delays in serving the notice of appeal, transcripts, and prosecuting the application.
The Crown also did not sufficiently establish the merit of the appeal.
The court found a lack of diligence from the Crown.
Consequently, the respondent's application to dismiss was granted, and the Crown's application for an extension of time was dismissed.