D.G. v. A.F., 2014
ONCA 436:
[11] In
my view, the test to apply to the applicant’s request for an extension of time
should be the same as the test on a motion to set aside a Registrar’s order
dismissing an appeal for delay, since such an order was at the root of the
motion before Doherty J.A. That test was succinctly stated by Weiler J.A. in Paulsson
v. Cooper, 2010 ONCA 21, [2010] O.J. No.123, at para. 2:
The factors a court should
consider in deciding whether to grant this type of motion are well-known. They
are: whether the applicant had an intention to appeal within the time for
bringing an appeal; the length of the delay, and any explanation for the delay;
any prejudice to the respondent caused by the delay; and the justice of the
case. This last factor is most important and requires a consideration of the
merits of the appeal.
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