The applicant, a permanent resident from Barbados, sought leave to extend the time to file an appeal of a sentence imposed on July 7, 2021, for breaking and entering offences.
The applicant's motivation was to preserve his right to appeal a deportation order to the Immigration Appeal Division, as sentences of six months or more eliminate this right.
The court dismissed the application, finding that the applicant failed to demonstrate a bona fide intention to appeal, failed to adequately explain the delay, and that the appeal had been rendered moot by the applicant's subsequent conviction and nine-month sentence imposed on February 19, 2025.
