Is there any prejudice caused by the delay in filing a notice of appeal?
Ontario, Canada
The following excerpt is from Echelon Environmental Inc. v. Glassdoor Inc., 2021 ONCA 763 (CanLII):
In general, this court considers only prejudice caused by the delay in filing a notice of appeal, not prejudice that could be caused by the outcome of the appeal: 40 Park Lane Circle v. Aiello, 2019 ONCA 451, at para. 6. But in this case, the two considerations merge, and a proper account of the “justice of the case” requires me to have regard to both. Echelon occupies a far more difficult litigation position because of the delay than it would have occupied had Doe filed in a timely manner.
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