Mikesh Patel

The moving party sought an extension of time to file a notice of appeal from an order setting aside a property transfer and granting a vesting order to the bankruptcy trustee.

The motion judge applied the interests-of-justice test, finding that while the moving party formed an intention to appeal within the appeal period and the initial delay was understandable, the four-month delay in bringing the motion was unexplained and prejudicial to the bankrupt estate.

The proposed grounds of appeal were found to be entirely lacking in merit, as the claims of unfair deprivation of a witness were unsupported and the evidence sought to be relied upon did not qualify as fresh evidence.

The extension of time was denied and costs were awarded to the responding party.

The applicant sought a review of his detention order under s. 520 of the Criminal Code.

He had an extensive criminal record and was facing serious drug and weapons charges, some of which were incurred while on release.

The applicant proposed a new surety and GPS monitoring as a change in circumstances.

The court found the proposed surety lacked sufficient knowledge and influence over the applicant, and the evidence regarding GPS monitoring was inadequate.

The application was dismissed on the secondary ground due to the high risk of reoffence.