In Mundulai v. Law Society of Ontario (Ont CA, 2025) the Ontario Court of Appeal considered the test for extending time to commence a leave to appeal motion:
[9] The test for an extension of time was succinctly stated by Weiler J.A. in Paulsson v. University of Illinois, 2010 ONCA 21, at para. 2:
The factors a court should consider in deciding whether to grant this type of motion are well-known. They are: whether the applicant had an intention to appeal within the time for bringing an appeal; the length of the delay, and any explanation for the delay; any prejudice to the respondent caused by the delay; and the justice of the case. This last factor is most important and requires a consideration of the merits of the appeal.
[10] See also Kefeli v. Centennial College of Applied Arts and Technology (2002), 23 C.P.C. (5th) 35 (Ont. C.A.), at para. 14, per Simmons J.A. The last factor, the merits and justice of the case, is the most important and can be determinative: see e.g. 1250264 Ontario Inc. v. Pet Valu Canada Inc., 2015 ONCA 5, at paras. 7-9; Overtveld v. Overtveld, 2021 ONCA 930, at para. 9.
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