What is the legal test for a motion of appeal?
Ontario, Canada
The following excerpt is from Kumar v. Kumar, 2010 ONSC 1783 (CanLII):
In Monteith v. Monteith, [2010] ON C.A. 78, MacPherson J.A. stated that the final prong of this test; the “justice of the case,” “is an ‘umbrella’ factor which requires the motion judge to step back, balance the preceding factors and consider any other factor that might be relevant in the particular circumstances of the appeal” (at para. 11).
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