What is the test for an application to appeal against a finding that an application is frivolous?
Alberta, Canada
The following excerpt is from Burkinshaw v. Bodruk, 1979 ALTASCAD 4 (CanLII):
Referring back to the principles set forth in Cairns v. Cairns there can be no doubt that in the present case there is evidence of a bona fide intention to appeal as witness the notice filed in time. There can be no difficulty with respect to the applicant having taken any benefit from the judgment as there was a dismissal of his claim. I am satisfied from what was put before me by counsel that this is not a frivolous appeal and there may be a reasonable chance of success. I am satisfied, as well, that the time delay is short and that there has been no prejudice to the Respondent.
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