What is the test for leave to appeal after the 30-day deadline?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. Isaac, 2021 ONLSTA 10 (CanLII):
The test for leave to appeal after the 30-day deadline, as set out in Isaac v. Law Society of Ontario, 2020 ONLSTA 9 at para. 8, requires the panel to consider: 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 the appeal; 4. the merits of the proposed appeal; and 5. whether the “justice of the case” requires it.
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