What is the test for a frivolous appeal?

The first criterion is a low threshold. The appellant is not required to show that his appeal will succeed, only that it might. An appeal is considered frivolous if it can be said with confidence that it could not possibly succeed. As stated by Vertes J.A. in Kolausok v. H.M.T.Q., 2004 NWTCA 1, at paragraph 3: … This is a low threshold. It is not necessary to show a likelihood of success. It is simply a requirement to show that there are grounds of appeal that are at least arguable. An appeal that is frivolous is one that has no hope of success. This is not synonymous, however, with a little likelihood of success. The threshold is met if there is at least some prospect of success.