In Stasiuk v. Szabo, supra, a justice in chambers had refused an application brought under s. 25(2) of the Act as well as an application for leave to file an amended factum. On the review application under s. 9(7) of the Act, leave to proceed with the appeal was granted. In that case, reference was made to the chronology. In allowing the application, Finch J.A., after referring to the three-part test in Frew v. Roberts, supra, said at 51: ... I am persuaded that the material before the justice did not demonstrate either inordinate delay or a failure to explain such delay as had occurred.
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