Simon looking earnest in Preveza, Greece
Simon Shields, Lawyer

Advising Self-Representing
Ontario Litigants
Since 2005

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collection agencies / criminal injuries compensation / sppa (admin law)
/ line fences / animal cruelty / dogs & cats / wild animal law (all Canada) / war / conditions of guide use

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Simon Shields, LLB

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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