What is the test for prejudice in a motion for leave to appeal?
Ontario, Canada
The following excerpt is from Carleton Condominium No. 28 v. Bassi Construction Ltd., 2022 ONSC 759 (CanLII):
In considering the issue of prejudice, the relevant consideration is not prejudice resulting from the progress of the actual appeal or motion for leave to appeal, but rather the prejudice that would be caused from the delay in filing the notice of appeal or motion for leave to appeal: 40 Park Lane Circle v. Aiello, 2019 ONCA 451 at para. 6.
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