What are the relevant factors on a motion to extend the time to perfect an appeal and to set aside a Registrar's dismissal?
Ontario, Canada
The following excerpt is from Hategan v. Frederiksen, 2022 ONCA 217 (CanLII):
The relevant factors on this motion to extend the time to perfect an appeal and to set aside a Registrar’s dismissal are not in dispute: Issasi v. Rosenzweig, 2011 ONCA 112, 277 O.A.C. 391, at para. 4. They are: 1. whether the appellant formed an intention to appeal within the relevant period; 2. the length of the delay and explanation for the delay; 3. any prejudice to the respondent; 4. the merits of the appeal; and 5. whether the “justice of the case” requires it.
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