See TCC General Procedure rules 12 and 140(2).
" In Tomas v. Her Majesty the Queen, 2007 FCA 86 (CanLII), 2007 FCA 86, the Federal Court of Appeal noted that the factors generally considered on the applications for extension of time include:
(1) a continuing intention to pursue the appeal;
(2) the appeal has some merit;
(3) there is no prejudice to the Respondent arising from the delay; and
(4) a reasonable explanation is given for the delay.
" In Farrow v. Her Majesty the Queen, 2003 TCC 885 (CanLII), 2003 TCC 885, Chief Justice Donald Bowman, as he then was, similarly discussed the principles the Tax Court of Canada should consider in determining whether to set aside a Judgment. Chief Justice Bowman held that the application should be made as soon as possible after a Judgment comes to the knowledge of the Appellant, though mere delay is not a bar unless it is wilful or results in prejudice to the opposing party. Further the Affidavit supporting the application should explain the delay in making the application and finally, the application must disclose an arguable appeal."
See Izumi v. The Queen, (2014 TCC Rossiter ACJ)