Rarotonga, 2010

Simon's Legal Resources

(Ontario)

Most Popular
Contracts / Torts / Evidence / Limitations / Tenant Plus / welfare (ontario works) / odsp / human rights / employment / consumer / E-Access
ADMINISTRATIVE LAW | SPPA / SMALL CLAIMS / CIVIL COURT / CIVIL APPEALS / JUDICIAL REVIEW

home / about / Little Friends Lefkada (Greece) / testimonials / Conditions of Use

Associated Site
Canadian Animal Law

Appeals - Dismissal for Delay

The responding party may move, or the Registrar may give notice administratively, to dismiss an appeal for delay [R61.13, R61.13.0.1, R61.16(7-8)].

. Hategan v. Frederiksen

In Hategan v. Frederiksen (Ont CA, 2022) the Court of Appeal considers the test for setting aside an administrative dismissal of an appeal for delay, and denying an extension of time to perfect the appeal:
[41] 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.
. Sheth v. Randhawa

In Sheth v. Randhawa (Ont CA, 2021) the Court of Appeal considered a motion to set aside a clerk's dismissal for delay of an appeal:
The test for setting aside an administrative dismissal for delay and extending the time for perfection

[15] The test on a motion of this kind is well-established. The ultimate question is whether the justice of the case warrants the order requested. Factors to be considered in making the decision are: (i) whether the appellant formed an intention to appeal within the appeal period; (ii) the length of the delay; (iii) the explanation for the delay; (iv) the merits of the proposed appeal; and (v) prejudice to the responding parties. See, for example, Paulsson v. University of Illinois, 2010 ONCA 21, at para. 2; Krawczynski v. Ralph Culp and Associates Inc., 2019 ONCA 399, 69 C.B.R. (6th) 163, at para. 9; Frey v. MacDonald (1989), 33 C.P.C. (2d) 13 (Ont. C.A.), at p. 14; Enbridge Gas Distribution v. Froese, 2013 ONCA 131, 114 O.R. (3d) 636, at para. 15.
The balance of the case [paras 16-57] is a useful walk-through of these criteria on the facts of the case.

. Kudrocova v. Kronberger

In Kudrocova v. Kronberger (Ont CA, 2021) the Court of Appeal considered the test for setting aside a Registrar's dismissal for delay:
[6] The factors to consider on a motion to set aside a Registrar’s dismissal are 1) whether the moving party had an intention to appeal within the time for bringing an appeal; 2) the length of the delay and any explanation for the delay; 3) any prejudice to the respondent caused by the delay; and 4) the justice of the case: Paulsson v. University of Illinois, 2010 ONCA 21, at para. 2. The overriding consideration on a motion to set aside a dismissal order is the justice of the case, which can include consideration of the merits of the appeal: Akagi v. Synergy Group (2000) Inc., 2014 ONCA 731, at para. 8 (in that case the appeal raised serious issues).
. Kandolo-Kwabanza v College of Physicians and Surgeons of Ontario

In Kandolo-Kwabanza v. College of Physicians and Surgeons of Ontario (Ont CA, 2014) the Court of Appeal set out the factors to be applied when deciding that an appeal should be dismissed for delay in it's perfection (serving and filing the extensive final paperwork required before an appeal is scheduled for hearing):
[3] In her detailed endorsement, Gillese J.A. applied the well-known factors a court should consider in deciding whether to set aside a Registrar’s order for failure to perfect an appeal; namely, whether the applicant had an intention to perfect within the time allotted, the length of the delay, any explanation for the delay, any prejudice to the responding party caused by the delay, and the justice of the case.


CC0

The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.