What are the legal tests for late jury notice in a personal injury action?

Even so, looking at the tests for permitting a late jury notice, whether inadvertence, non unconscionable, no real prejudice as characterized in Barkley v. Link [2003], O.J. No. 966 or by assessing “the nature of the reason for delay (including the length of delay and the reasons for it); and whether granting leave would result in prejudice to the other side” as set forth in Nikore v. Proper [2010], O.J. No. 1941, I would find that the reason for delay being a reasonable belief that jury notice had been delivered on time, coupled with the complete failure of the defendants to avert to or complain, that the history favours the plaintiff.