The prosecuting authority applied for an extension of time to appeal a sentencing decision following regulatory convictions against a corporate electrical contractor arising from a fatal electrical installation incident.
The proposed appeal challenged the sentencing court’s refusal to pierce the corporate veil to impose consequences on the directing mind and a newly incorporated entity allegedly created after charges were laid.
Applying the established factors for granting an extension of time to appeal, the court found a bona fide intention to appeal within the appeal period, a reasonable explanation for the delay related to transcript preparation and service difficulties, and arguable merit to the proposed grounds.
The court held that it was not frivolous to argue that a provincial offences court might possess implied jurisdiction to pierce the corporate veil in appropriate circumstances.
The extension of time to file the notice of appeal was therefore granted.
