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The court granted an extension of time to appeal a dismissal order due to the arguable merits of the proposed appeal.
The moving party sought an extension of time to appeal a dismissal order from the trial court.
The dismissal was granted after the moving party failed to appoint new counsel or file a notice of intention to act in person following her previous counsel's removal from the record.
The moving party had instead attempted to set aside the dismissal order on the basis it was made without notice, which motion was dismissed.
The Court of Appeal considered the applicable principles for extending time to appeal and granted the extension on terms, finding the proposed appeal raised arguable issues and that the justice of the case favoured granting the extension despite the moving party's lack of diligence.
