What is the test for reactivating an inactive appeal?

British Columbia, Canada


The following excerpt is from Weaver v. Ball, 2019 BCCA 223 (CanLII):

The ultimate question whether to reactivate an inactive appeal is whether it is in the interests of justice to do so: Deline v. Kidd, 2003 BCCA 170 at para. 11. The factors to consider include: a) the length of the delay, and whether it has been inordinate; b) the reason for the delay, and whether it is excusable; c) whether any prejudice will arise to one of the parties as a result of the delay; and d) the extent of the merits of the appeal

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