What is the test for reinstatement of a dismissed appeal?

As with applications for an extension of time and applications to restore an appeal to the active list, the ultimate question on applications to reinstate a dismissed appeal is whether it is in the interests of justice to do so. The factors to be considered in assessing the interests of justice on a reinstatement application include the following: (a) the length of the delay and, in particular, whether the delay has been inordinate; (b) the reason for the delay and, in particular, whether the delay is excusable; (c) whether the respondent has suffered prejudice as a result of the delay; and (d) the extent of the merits of the appeal. See Hannigan v. Hannigan, 2006 BCCA 167, 33 C.P.C. (6th) 205 at paras. 12-13.