What is the legal test for granting leave to proceed with an appeal?
British Columbia, Canada
The following excerpt is from B.B. v. M.B., 2008 BCCA 52 (CanLII):
This case is very close to the line. In the end, having regard to all of the factors and balancing the interests of both parties, I have come to the conclusion that it is in the interests of justice to permit this appeal to proceed. As noted in Ravnyshyn v. Drys, 2007 BCCA 400, 245 B.C.A.C. 127 at para. 18, leave refused, [2007] S.C.C.A. No. 485 (QL): [This] Court is loathe to foreclose an appeal where the appellants have filed the transcripts and appeal books [except] where the prospects of success on appeal are so remote that it would be manifestly unfair to the respondents to compel them to proceed to a hearing.
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