What is the test for an appeal?
Canada (Federal), Canada
The following excerpt is from M. D. v Minister of Employment and Social Development, 2017 CanLII 73198 (SST):
In determining whether leave to appeal should be granted, I am required to determine whether there is an arguable case. The Applicant does not have to prove the case at this stage; rather, he has to prove only that there is a reasonable chance of success, that is, “some arguable ground upon which the proposed appeal might succeed”—Osaj v. Canada (Attorney General), 2016 FC 115, at paragraph 12.
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