What is the test for extending the time to file a Notice of Appeal?

Both counsel agree that the test for extending the time to file a Notice of Appeal is as follows: a) Whether the Appellant formed an intention to appeal within the relevant period; b) The length of the delay and explanation for the delay; c) Any prejudice to the Respondent; d) The merits of the appeal; and e) Whether the “justice of the case” requires it. See Rizzi v. Mavros, [2007] ON C.A. 350 at para. 13.

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).