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Simon Shields, LLB

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Simon Shields, LLB
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Appeals - Dismissal for Delay

Kandolo-Kwabanza v. College of Physicians and Surgeons of Ontario (Ont CA, 2014)

In this case the Court of Appeal set out the factors to be applied when decided 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.

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