C-25.01 - Code of Civil Procedure

Section 363 Disposition versions

2016-01-01

363. The time limits for appeal are strict time limits, and the right to appeal is forfeited on their expiry.

Nevertheless, the Court of Appeal may authorize an appeal if not more than six months have elapsed since the judgment and if it considers that the appeal has a reasonable chance of success and that, in addition, it was impossible in fact for the appellant to act earlier. The Court may, even after the time limit has expired, authorize an incidental appeal if it considers it appropriate.

An appellate judge may, on an application, suspend the time limits for appeal if the judgment has reserved the plaintiff’s right to claim additional damages for bodily injury. The judge suspends such time limits if there are compelling reasons for an appeal against the judgment and an appeal concerning the application for additional damages to be heard together; in such a case, the duration and terms of the suspension are determined by the judge.

2014, c. 1, a. 363.