What is the legal test for reactivating an appeal?
British Columbia, Canada
The following excerpt is from Weaver v. Ball, 2019 BCCA 223 (CanLII):
An appeal should not be reactivated if the appeal is bound to fail, that is if the merits are so low that it would be unfair to compel the other party to proceed to a hearing: Ravnyshin v. Drys, 2007 BCCA 400 at para. 18, leave to appeal ref’d [2007] S.C.C.A. No. 485 (although that case was pronounced in the context of an application to reinstate an appeal, however the legal test and considerations are the same).
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