The test for granting leave to appeal in CCAA proceedings

Labourers' Pension Fund of Central and Eastern Canada v. Sino-Forest Corporation, 2013 ONCA 456 holds:

[2]          The test for granting leave to appeal in CCAA proceedings is well-settled. It is to be granted sparingly and only where there are serious and arguable grounds that are of real and significant interest to the parties. In determining whether leave ought to be granted, this court is required to consider the following four-part inquiry:

·        Whether the point on the proposed appeal is of significance to the practice;

·        Whether the point is of significance to the action;

·        Whether the proposed appeal is prima facie meritorious or frivolous; and

·        Whether the appeal will unduly hinder the progress of the action.

See Re Country Style Food Services Inc. (2002), 158 O.A.C. 30 (C.A.).