What is the test for a motion to extend the time to appeal?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. Isaac, 2021 ONLSTA 4 (CanLII):
As set out in Law Society of Ontario v. Amiri[10] and Wallbridge v. Law Society of Ontario[11], the following factors are to be considered on a motion to extend the time to appeal: 1. whether the appellant formed an intention to appeal within the applicable time period; 2. the length of the delay and any explanation for it; 3. any prejudice to the respondent in appeal; 4. the merits of the proposed appeal; and 5. whether the “justice of the case” requires it.
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